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FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 28959-A3
AMENDED AND RESTATED LEASE AGREEMENT FOR PORTIONS OF
ROCKWOOD PARK AND GOLF COURSE
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
28959-A3 ("First Amendment") is made and entered into by and between the City of Fort Worth,
a home-rule municipal corporation of the State of Texas (the "City"), 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.
WHEREAS, the City owns Rockwood Park and Golf Course located at 1851 Jacksboro
Highway, Fort Worth, Texas 76114;
WHEREAS, the City and Foundation are parties to a Lease Agreement for portions of
Rockwood Park and Golf Course ("RGC"), which allows the Foundation to use designated
portions of RGC, including a Learning Center, for the operation of a youth development and
education program, the same being Fort Worth City Secretary Contract No. 28959-A3 (the
"Contract");
WHEREAS, the Foundation wishes to conduct sales of donated golf equipment and
perform golf club repair services on Tract One — Learning Center Area of the leased premises to
support and further its program goals; and
WHEREAS, it is the mutual desire of the City and Foundation to amend the Contract to
set forth the terms and conditions under which the Foundation will be permitted to conduct its
sales and perform its repair and maintenance services on the lease premises.
NOW, THEREFORE, the City and Foundation do mutually covenant and agree as
follows:
I.
The second bolded and underscored subsection titled "Tract One" of Section 6 of the Contract
titled "PERMITTED USE OF PREMISES AND RGC" is amended to add the terms and
conditions under which the Foundation shall be permitted to conduct sales of donated golf
equipment and perform golf club repair services on Tract One — Learning Center Area of the
leased premises. The Tract One subsection of Section 6 is amended to add the following terms
and conditions:
"Equipment Sales. The Foundation may conduct sales of donated golf equipment at the Learning
Center on dates and times approved by the Golf Director. The Foundation may sell any item that
would not be in competition with the Rockwood Golf Shop, including, but not limited to, golf
clubs, used golf balls, and used golf bags. The Foundation may not sell any new golf equipment
OFFICIAL RECORD
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that has been donated by manufacturers that is less than two years older than the current model
year. The Golf Director, in his/her sole discretion, shall determine whether an item to be sold is
in competition with the Rockwood Golf Course. Upon notice by the Golf Director, the
Foundation shall immediately desist from selling any such items deemed competitive. The
Foundation shall record any and all sales with written sales receipts.
Unless otherwise agreed to by the parties in writing, any and all signage related to the equipment
sales, except those directly related to parking, must meet the following criteria: (1) signs must be
affixed to and/or located inside the Learning Center; (2) signs cannot be larger than 24" x 24";
and (3) signs cannot be displayed any earlier than 72-hours prior to the date designated for the
equipment sales. The Foundation shall not display any banners outside of the Learning Center.
The Foundation may place parking signs in locations specifically designated by the Golf
Director. The City shall not be responsible for any costs related to the signage. All signs must
be approved by the Golf Director before being displayed.
All equipment sales must take place inside the Learning Center, on the rear deck of the Learning
Center, in the basement of the Learning Center, and/or underneath the deck area immediately
outside the basement area of the Learning Center (which said area perimeter extends vertically
from the above edges of the deck).
Club Repair Services. The Foundation may perform golf club repair services at the Learning
Center. All services to be performed hereunder must be recorded with the customer's name,
date, and description of services performed and must be conducted inside the Learning Center.
The Foundation shall record any and all sales with written sales receipts. Unless otherwise
agreed to by the parties in writing, any and all signage related to the Foundation's club repair
services must be located inside the Learning Center. The Foundation shall not display any
banners outside of the Learning Center related to the services herein. The City shall not be
responsible for any costs related to the signage. All signs must be approved by the Golf Director
before being displayed.
Notice. Either party to this First Amendment may terminate the rights granted herein with or
without cause, by providing the other party with no less than thirty (30) days written notice prior
to the intended termination date. This termination provision shall only affect the rights granted
in this First Amendment, specifically the Equipment Sales and Club Repair Services and shall
not, in any way, be construed so as to affect or supersede any termination or expiration provision
currently existing within the Contract, specifically, Section 29 — Expiration and Termination, all
of which shall remain in full force and effect.
Improvement and Maintenance Fund. The Foundation shall maintain an improvement and
maintenance fund ("Fund") equal to twenty-five percent (25%) of "gross receipts" from all
equipment sales and club repair. For purposes of the Contract, "gross receipts" shall mean and
includes the total amount of money received or to be received by the Foundation or by any agent,
employee,or subcontractor of the Foundation from all sales,whether for cash or credit,whether collected
or uncollected, made as a result of the rights granted under herein. Furthermore, "gross receipts" shall
include all monies paid or to be paid by a purchaser of any services provided by the Foundation. It is
agreed and understood that the following conditions shall apply to the administration and use of
the Fund:
a. All amounts paid into the Fund shall be placed into an account administered by
the Foundation.
b. All of the funds in the Fund shall be spent on items requested by the Golf
Director, in his/her sole discretion. The Golf Director shall have final approval
authority affecting all items purchased, including, but not limited to, brand,
quality, provider, installer, company, and the like. The Foundation shall provide
any items requested by the Golf Director on or before the date and time specified
by the Golf Director.
C. The Foundation shall provide a full accounting of the Fund to the City on a
quarterly basis, which shall be based on a calendar year. The City also has the
right to inspect all books and records related to the Fund or the account in which
the same is kept. The Foundation shall provide to the City all requested records
within five (5) working days after the City requests such documentation, unless
otherwise agreed to by the parties in writing.
d. Anything purchased from the Fund or improved or maintained from the Fund
shall be and become the sole and absolute property of the City upon purchase
unless installation is required. If installation is required, then ownership shall
pass to the City upon final acceptance of the installed item(s) by the Golf
Director. Final acceptance shall be in writing and deemed effective on the date
Golf Director sends the written notice of final acceptance. If any warranties
attach to anything purchased from the Fund, then the Foundation shall transfer
those warranties to the City. If anything purchased from the Fund will require
installation of any type, then the Foundation shall coordinate with the Golf
Director, with the Golf Director reserving final approval authority over all things
related to installation, including,but not limited to, date and time.
e. Upon the expiration or other termination of the Contract or any rights granted
herein, any and all amounts in the Fund shall become the exclusive property of
the City without limitation of any kind. The Foundation shall pay all amounts
remaining in the Fund to the City within thirty (30) calendar days after written
demand from the City, along with a complete accounting of all funds to date.
f. 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 Fund or any expenditure therefrom."
II.
The sixth bolded and underscored subsection titled "Parking Lots" of Section 6 of the Contract
titled "PERMITTED USE OF PREMISES AND RGC" is amended to address the parking
situation for the designated equipment sales referenced in Section I of this First Amendment.
The Parking Lots subsection of Section 6 is amended in whole to state the following:
"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 the
program participants), all customers attending each designated equipment sale, and all club
repair customers park their vehicles in the Upper Parking Lot. Notwithstanding anything in this
paragraph to the contrary, individual with a valid State-issued handicapped parking hang tag or
license plates shall be permitted to park in any designated parking space."
III.
All terms and conditions of the Contract that are not expressly amended pursuant to this
First Amendment shall remain in full force and effect.
IV.
All terms in this First Amendment that are capitalized but not defined shall have the
meanings assigned to them in the Contract.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment in Fort
Worth, Tarrant County, Texas, this day of ) 2012.
CITY OF FORT WORTH FORT WORTH JUNIOR GOLF
FOUNDATION, INC.
By By:
usan Alanis Kevm ong
6
Assistant City Manager Executive Director
APPROVAL RECONTWNDED BY:
Ric and Zavala, Director
Par and Community Services Department
APPROVED AS TO FORM
AND LEGALITY
Tyler F. allach
Assistant City Attorney ,o411
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M&C C-24605
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTWORTH
COUNCIL ACTION: Approved on 11/16/2010
DATE: 11/16/2010 REFERENCE NO.: **C-24605 LOG NAME: 80FIRSTTEE2
CODE: C 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/Leaming 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=l 4406&councildate=11/16/20 10 8/28/2012
M&C Review Page 2 of 2
4. All construction 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=14406&councildate=l1/16/2010 8/28/2012