HomeMy WebLinkAboutContract 53477 i-
0 CITY SECRETARY
h p 1 Cw`ANTRKCT NO.5.. 7
LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
FORT WORTH TENNIS PATRONS ASSOCIATION,INC.
FOR THE RESURFACING OF WRIGHT TARLTON PARK TENNIS COURT
This LICENSE AGREEMENT FOR RESURFACING OF WRIGHT TARLTON
TENNIS COURT ("License") is made and entered into by and between the CITY OF FORT
WORTH ("Licensor"), a home rule municipal corporation organized under the laws of the State of
Texas and acting by and through Fernando Costa, its duly authorized Assistant City Manager, and
FORT WORTH TENNIS PATRONS ASSOCIATION, INC. ("Licensee"), a Texas non-profit
corporation,acting by and through Christine Figley,its President.
RECITALS
WHEREAS, Licensor owns and operates the Wright Tarlton Park located at 4725 Byers
Avenue,Fort Worth,Texas("Park');and
WHEREAS, Licensee desires to resurface one tennis court, to have a minimum estimated
capital value of$10,000.00 ("Improvements"); and
WHEREAS,Licensee has raised the funds for the Improvements; and
WHEREAS, Licensor desires to grant Licensee a license to enter upon certain portions of
the Park for the purpose of allowing Licensee to complete the Improvements which Licensee
intends to donate to the City of Fort Worth;
NOW, THEREFORE, in consideration of the mutual covenants,promises and obligations
contained herein,the parties agree as follows:
1. PROPERTY LICENSED.
Licensor hereby grants unto Licensee a non-exclusive license over the Tennis Court at
Wright Tarlton Park, the location and boundary of which are attached as Exhibit "A" and
incorporated herein for all purposes (the "Licensed Premises"). Licensor shall provide Licensee full
access to the Licensed Premises during the Term,as defined herein.
2. TERM OF LICENSE.
The Term of this License shall commence on the date of construction start("Effective Date")
and expire on the earlier of: (i) three (3) months after the Effective Date; or (ii) seven (7) days after
Licensor's receipt of notice from Licensee, of Licensee's abandonment of the Licensed Premises
("Term").
3. CONSIDERATION.
License Agreement Wright Tarlton Tennis Courts—FWTAI"A
IFT. I S.
The donation of the Improvements to the City by Licensee upon complete of construction
and the enhancements the Improvements will provide to the general public shall serve as sufficient
consideration for the use of the License Premises.
4. CONSTRUCTION OF EVIPROVEMENTS.
4.1. Construction.
Licensee may, at its sole discretion and subject to the terms herein, construct the
Improvements on the Licensed Premises. Construction of the Improvements shall be
performed by an independent contractor engaged by and paid exclusively by Licensee
("Licensee's Contractor"). Licensee may not initiate construction of the Improvements on
the Licensed Premises unless Licensee first submits all plans, specifications and estimates
for the costs of the proposed work in writing to the Licensor and also requests and receives
in writing approval from the Licensor, or its designated representative ("Licensor's
Representative"),which Licensor herein designates as the Director of the Park& Recreation
Department or his designee.
Upon start of construction of the Improvements on the Licensed Premises by Licensee
pursuant to plans approved by Licensor pursuant to Section 4.2, Licensee shall substantially
complete the Improvements in accordance with the plan specifications within the Term. For
the purposes of this License, "start of construction" shall mean the date stated in a Notice to
Proceed (or other similar document) issued by Licensee to Licensee's Contractor, and
"substantial completion" shall mean that point in time when the Improvements are
completed to such extent as the City of Fort Worth could issue a Certificate of Occupancy
and a final punch-list is developed by Licensee and Licensee's Contractor. Licensee
covenants and agrees that it shall fully comply with all provisions of this Section 4 in
construction of the Improvements. Upon completion of the Improvements or earlier
termination of this License, Licensor shall take full title to the Improvements on the Licensed
Premises.
Any of Licensor's property adjacent to the Licensed Premises that is damaged during the
course of constructing the Improvements shall be repaired and returned to its previous
condition or better, at Licensee's sole cost and expense. Such repairs shall be performed
prior to Licensee's Contractor demobilizing from the Licensed Premises.
Licensee agrees that the Improvements to the Licensed Premises will not be designed or
constructed in such a manner that causes an adverse impact to the usability of the Park.
4.2. Process for Approval of Plans.
Licensee's plans for construction of the Improvements must receive written approval
from the Director of the Park&Recreation Department of the City of Fort Worth or his/her
designee and any other city departments as shall be required under ordinance or City policy.
All plans, specifications and work shall conform to all federal, state and local laws,
ordinances, rules and regulations in force at the time that the plans are presented for review.
License Agreement Wright Tarlton Tennis Courts—FWTA Page 2 of 14
The City of Fort Worth shall inspect all work pursuant to its construction inspection
procedures.
4.3. Documents.
Licensee shall supply Licensor's Representative with a full set of plans,
specifications and material date sheets for the Improvements, including, if applicable, as-
built drawings. Licensee shall supply the aforementioned information in a format acceptable
to Licensor.
4.4 Indemnification.
LICENSEE AGREES TO DEFEND AND INDEMNIFY LICENSOR FROM
ANY CLAIM ASSERTED BY LIEN CLAIMANTS ON THE LICENSED PREMISES
WHICH LICENSOR POSSESSES PURSUANT TO THIS LICENSE, ARISING OUT
OF THE PERFORMANCE OF CONSTRUCTION OF THE IMPROVEMENTS BY
LICENSEE'S CONTRACTOR ON THE LICENSED PREMISES
5. USE OF LICENSED PREMISES.
Licensee hereby agrees to use the Licensed Premises strictly in accordance with the terms
and conditions of this License, solely for purposes related to resurfacing of one existing tennis court.
Licensee and Licensee's Contractor shall legally park their vehicles on public streets in the course of
performing the work contemplated in this License.
6. UTILITIES.
[Intentionally Omitted]
7. MAINTENANCE AND REPAIRS.
7.1. Maintenance and Repairs by Licensee.
Licensee agrees to keep and maintain the Licensed Premises in a good, clean and
sanitary condition at all times throughout the Term. Licensee covenants and agrees that it
will not make or suffer any waste of the Licensed Premises. Licensee,at Licensee's sole cost
and expense, will make all repairs necessary to prevent the deterioration in condition or
value of the Licensed Premises and any improvements thereon, including, but not limited to,
all fixtures, equipment, modifications and pavement on the Licensed Premises throughout
the Term. Licensee shall be responsible for all damages caused by Licensee, its agents,
servants, employees, contractors, subcontractors, licensees or invitees during the Term, and
Licensee agrees to fully repair or otherwise cure all such damages at Licensee's sole cost and
expense.
Licensee agrees that all improvements, trade fixtures, furnishings, equipment and
other personal property of every kind or description which may at any time be on the
License Agreement Wright Tarlton Tennis Courts—FWTA Page 3 of 14
Licensed Premises shall be at Licensee's sole risk or at the sole risk of those claiming under
Licensee. Licensor shall not be liable for any damage to such property or loss suffered by
Licensee's business or business operations which may be caused by the bursting,
overflowing or leaking of sewer or steam pipes, from water from any source whatsoever, or
from any heating fixtures, plumbing fixtures, electric wires, noise, gas or odors, or from
causes of any other matter.
7.2. Compliance with ADA.
Licensee agrees to submit the plans and specifications for the Improvements to the
Texas Department of Licensing and Regulation, if required, for review and approval for
compliance with applicable accessibility statutes and regulations prior to the commencement
of construction of the Improvements.
7.3. Inspections.
7.3.1. Licensor shall have the right and privilege, through its officers, agents,
servants or employees, to inspect the Licensed Premises. Except in the event of an
emergency, Licensor shall conduct such inspections during Licensee's ordinary
business hours and shall use its best efforts to provide Licensee at least two (2)hours'
notice prior to any inspection.
7.3.2. If Licensor determines during an inspection of the Licensed Premises that
Licensee is responsible under this License for any maintenance or repairs, Licensor
shall notify Licensee in writing. Licensee agrees to begin such maintenance or repair
work diligently within thirty (30) calendar days following receipt of such notice and
to then complete such maintenance or repair work within a reasonable time,
considering the nature of the work to be done. If Licensee fails to begin the
recommended maintenance or repairs within such time or fails to complete the
maintenance or repairs within a reasonable time, Licensor may, in its discretion,
perform such maintenance or repairs on behalf of Licensee. In this event, Licensee
will reimburse Licensor for the cost of the maintenance or repairs, and such
reimbursement will be due immediately upon written request of Licensor.
7.3.3. During any inspection, Licensor may perform any obligations that Licensor
is authorized or required to perform under the terms of this License or pursuant to its
governmental duties under federal state or local laws,rules or regulations.
7.4. Environmental Remediation.
Licensee agrees that it has inspected the Licensed Premises and is fully advised of its
own rights without reliance upon any representation made by Licensor concerning the
environmental condition of the Licensed Premises. LICENSEE, AT ITS SOLE COST
AND EXPENSE, AGREES THAT IT SHALL BE FULLY RESPONSIBLE FOR THE
REMEDIATION OF OR ANY VIOLATION OF ANY APPLICABLE FEDERAL,
STATE OR LOCAL ENVIRONMENTAL REGULATIONS OR STANDARDS THAT IS
License Agreement Wright Tarlton Tennis Courts—FWTA Page 4 of 14
CAUSED BY LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS,SUBCONTRACTORS OR INVITEES.
7.5 Protection of Trinity River.
[Intentionally Omitted]
8. RIGHTS AND RESERVATIONS OF LICENSOR.
[Intentionally Omitted]
9. INSURANCE.
9.1. Licensee shall require Licensee's Contractor to procure, and maintain at all times
during the Term, in full force and effect, the following policies of insurance: (i) statutory
worker's compensation insurance for all of Contractor's employees and all workmen on the
Licensed Premises performing construction of Discretionary Improvements, (ii) commercial
general liability insurance, (iii) business automobile insurance, and (iv) builder's risk
insurance. The commercial general liability insurance policy and the automobile liability
insurance policy shall be primary to all other insurance maintained by Licensee or Licensor
and shall be non-contributory; shall contain an endorsement listing the Licensor and
Licensee as additional insured (endorsement CG 20 10 10 01 and CG 20 37 10 01) such that
coverage is provided to the additional insured parties for completed operations; and shall be
written for not less than the limits of liability as follows:
(i) Commercial General Liability:
$2,000,000 each occurrence;
$3,000,000 general aggregate per project;
$3,000,000 product/completed operations aggregate; and
$2,000,000 personal and advertising injury.
(H) Business Automobile Liability:
$1,000,000 combined single limit.
The commercial general liability policy shall contain a contractual liability endorsement and
a products completed operations endorsement. The insurance policies shall not include any
of the following endorsements excluding or limiting coverage: (i) contractual liability
limitation, CG 21 39; (ii) amendment of insured contract definition, CG 24 26; (iii)exclusion
—explosion, collapse and underground property damage hazard, CG 2142 or CG 21 43; (iv)
limitation of coverage to designated premises or project, CG 21 44 07 98; (v) exclusion —
damage to work performed by subcontractors on your behalf, CG 22 94 or CG 22 95; (vi)
any type of construction defect completed operations exclusion; and/or (vii) any type of
punitive,exemplary,or multiplied damages exclusion.
License Agreement Wright Tarlton Tennis Courts—FWTA Page 5 of 14
The worker's compensation policy shall contain a waiver of subrogation endorsement in
favor of Licensor and Licensee.
9.2. Certificates.
As a condition precedent to the effectiveness of this License, Licensee shall furnish
Licensor with appropriate certificates of insurance signed by the respective insurance
companies as proof that it has obtained the types and amounts of insurance coverage
required herein. If any such policy shall expire before the Term of this License, Licensee
shall furnish to Licensor a renewal certificate of insurance not less than thirty(30) days prior
to the expiration of any such insurance policy required hereunder.
9.3. Additional Requirements.
All insurance companies providing coverage pursuant to the requirements of this
License Agreement shall have a minimum Best's Rating of A- and a Financial Size
Category listing of no lower than VII, both as provided by A.M. Best Company,Inc. Upon
request by Licensor,Licensee shall deliver a copy of all such policies of insurance required
in this License Agreement.
10. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Licensee shall operate as an independent
contractor as to all rights and privileges granted herein, and not as an agent, representative or
employee of Licensor. Licensee shall have the exclusive right to control the details of its operations
and activities on the Licensed Premises and shall be solely responsible for the acts and omissions of
its officers, agents, servants, employees, contractors, subcontractors, patrons, licensees and invitees.
Licensee acknowledges that the doctrine of respondeat superior shall not apply as between Licensor
and Licensee, its officers, agents, employees, contractors and subcontractors. Licensee further
agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise
between Licensor and Licensee.
11. INDEMNIFICATION.
LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH ITS
USE OF OR OPERATIONS ON THE LICENSED PREMISES DURING THE TERM OR
WITH THE MAINTENANCE, USE, OR OCCUPANCY OF THE LICENSED PREMISES OR
ANY IMPROVEMENTS THEREON DURING THE TERM, EXCEPT TO THE EXTENT
CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF
LICENSOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
DURING THE TERM OF THE LICENSE, LICENSEE COVENANTS AND AGREES
TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND LICENSOR,
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ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY
AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTYDAMAGE OR LOSS AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND
OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE USE, MAINTENANCE, OR OCCUPANCY OF THE LICENSED
PREMISES OR ANY CONSTRUCTION OF THE IMPROVEMENTS THEREON, EXCEPT
TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL
MISCONDUCT OF LICENSOR,ITS OFFICERS AGENTS,SERVANTS OR EMPLOYEES.
LICENSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LICENSOR
FOR ANY AND ALL INJURIES OR DAMAGES TO THE LICENSED PREMISES OR ANY
IMPROVEMENTS THEREON, WHICHARISE OUT OF OR IN CONNECTION WITHANY
AND ALL ACTS OR OMISSIONS OF LICENSEE,ITS OFFICERS,AGENTS,EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES, EXCEPT TO THE
EXTENT CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF
LICENSOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
12. DEFAULT AND TERMINATION.
12.1. [Intentionally Omitted]
12.2. Breach or Default by Licensee.
If Licensee conunits any breach or default, Licensor shall deliver written notice to
Licensee specifying the nature of such breach or default. Licensee shall have thirty (30)
calendar days following such written notice to cure, adjust or correct the problem to the
standard existing prior to the breach. If Licensee fails to cure the breach or default within
such time period,Licensor shall have the right to terminate this License immediately.
12.3. Abandonment or Non-Use of the Licensed Premises.
Licensee's abandonment or non-use of the Licensed Premises for any reason for
more than thirty (30) consecutive calendar days shall constitute grounds for immediate
termination of this License by Licensor.
12.4. Discontinuation or Failure to Complete Construction of Improvements.
If Licensee ceases construction of the Improvements for more than thirty (30)
consecutive calendar days, Licensor shall deliver written notice to Licensee specifying the
nature of such breach or default. Licensee shall have ten (10) calendar days following such
written notice to resume construction. If Licensee fails to resume construction within such
time period,Licensor shall have the right to terminate this License immediately.
If Licensee fails to substantially complete construction of the Improvements in
accordance with the approved plans and specifications during the Term Licensee shall be in
default of the License and Licensor may immediately terminate this License.
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Licensor reserves all other rights and remedies available to it whether expressly
stated or not.
12.5. Licensee's Financial Obligations to Licensor upon Termination, Breach or
Default.
If Licensor terminates this License for any breach or default as provided in Sections
12.1, 12.2, 12.3, or 12.4 of this License,Licensee shall be liable for and shall pay to Licensor
all costs associated with remediating Licensee's breach. In no event shall a reentry onto or
reletting of the Licensed Premises by Licensor be construed as an election by Licensor to
forfeit any of its rights under this License.
12.6. Rights of Licensor Upon Termination or Expiration.
Upon termination or expiration of this License, title to the Improvements on the
Licensed Premises shall pass to Licensor. In addition, all rights, powers and privileges
granted to Licensee hereunder shall cease and Licensee shall vacate the Licensed Premises.
Within twenty (20) days following the effective date of termination or expiration, Licensee
shall remove from the Licensed Premises all tools, machinery, equipment, materials and
supplies placed on the Licensed Premises by Licensee pursuant to this License. After such
time,Licensor shall have the right to take full possession of the Licensed Premises, by force
if necessary, and to remove any and all patties and property remaining on any part of the
Licensed Premises. Licensee agrees that it will assert no claim of any kind against Licensor,
its agents, servants, employees or representatives, which may stem from Licensor's
termination of this License or any act incident to Licensor's assertion of its right to terminate
or Licensor's exercise of any rights granted hereunder.
13. NOTICES.
Notices required pursuant to the provisions of this License shall be conclusively
determined to have been delivered when (i) hand-delivered to the other party, its agents,
employees, servants or representatives, or (ii) deposited in the United States Mail, postage
prepaid,addressed as follows:
To LICENSOR:
City of Fort Worth
Park and Recreation Department
Attn: David Creels,Acting Director
4200 S.Freeway, Suite 2200
Fort Worth,TX 76115
License Agreement Wright Tarlton Tennis Courts—FWTA Page 8 of 14
With a copy to:
City Attorney's Office
Attn:Richard McCracken
200 Texas Street
Fort Worth,TX 76102
To LICENSEE:
Fort Worth Tennis Patrons Association,Inc.
Attn: Christine Figley,President
P.O.Box 100156
Fort Worth,Texas 76185
14. LIENS BY LICENSEE.
Licensee acknowledges that it has no authority to engage in any act or to make any contract,
which may create or be the foundation for any lien upon the property or interest in the property of
Licensor. If any such purported lien is created or filed, Licensee, at its sole cost and expense, shall
liquidate and discharge the same within ninety(90)days of such creation or filing. Licensee's failure
to discharge any such purported lien shall constitute a breach of this License and Licensor may
terminate this License upon thirty (30) days' written notice. However, Licensee's financial
obligation to Licensor to liquidate and discharge such lien shall continue in effect following
termination of this License and until such a time as the lien is discharged.
15. TAXES AND ASSESSMENTS.
Licensee agrees to pay any and all federal, state or local taxes, or assessments which may
lawfully be levied against Licensee due to Licensee's use or occupancy of the Licensed Premises or
the Improvements or property placed on the Licensed Premises by Licensee as a result of its
occupancy.
16. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS.
Licensee covenants and agrees that it shall not engage in any unlawful use of the Licensed
Premises. Licensee further agrees that it shall not permit its officers, agents, servants, employees,
contractors, subcontractors, patrons, licensees or invitees to engage in any unlawful use of the
Licensed Premises and Licensee immediately shall remove from the Licensed Premises any person
engaging in such unlawful activities. Unlawful use of the Licensed Premises by Licensee itself shall
constitute an immediate breach of this License.
Licensee agrees to comply with all federal, state and local laws; all ordinances, rules and
regulations of Licensor; and all rules and regulations adopted by the City Council pertaining to the
Licensed Premises. If Licensor notifies Licensee or any of its officers, agents, employees,
License Agreement Wright Tarlton Tennis Courts—FWTA Page 9 of 14
contractors, subcontractors, licensees or invitees of any violation of such laws, ordinances, rules or
regulations,Licensee shall immediately desist from and correct the violation.
17. NON-DISCRIMINATION COVENANT.
Licensee, for itself, its personal representatives, successors in interest and assigns, as part of
the consideration herein, agrees that no person shall be discriminated against by Licensee on the
basis of race,color,national origin,religion,handicap,sex,sexual orientation,familial status, gender
identity, gender expression, or transgender. Licensee further agrees for itself, its personal
representatives, successors in interest and assigns that no person shall be excluded from the
provision of any services on or in the construction of the Improvements to the Licensed Premises on
grounds of race, color, national origin, religion, handicap, sex, sexual orientation, familial status,
gender identity,gender expression,or transgender.
IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-
DISCRIMINATION COVENANT BY LICENSEE,ITS PERSONAL REPRESENTATIVES,
SUCCESSORS IN INTEREST OR ASSIGNS, LICENSEE AGREES TO INDEMNIFY
LICENSOR AND HOLD LICENSOR HARMLESS.
18. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this License, Licensor does not waive or
surrender any of its governmental powers.
19. NO WAIVER.
The failure of Licensor to insist upon the performance of any term or provision of this
License or to exercise any right granted herein shall not constitute a waiver of Licensor's right to
insist upon appropriate performance or to assert any such right on any future occasion.
20. VENUE AND JURISDICTION.
If any action,whether real or asserted,at law or in equity,arises on the basis of any provision
of this License or of Licensee's operations on the Licensed Premises, venue for such action shall lie
in state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas,Fort Worth Division. This License shall be construed in accordance with the laws
of the State of Texas.
21. ATTORNEYS'FEES.
In the event there should be a breach or default under any provision of this License and
either party should retain attorneys or incur other expenses for the collection of rent,fees or charges,
or the enforcement of performance or observances of any covenant, obligation or agreement,
Licensor and Licensee agree that each party shall be responsible for its own attorneys'fees.
22. SEVERABILITY.
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If any provision of this License shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
23. FORCE MAJEURE.
If either party is unable, either in whole or part,to fulfill its obligations under this Agreement due to
acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars;
blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints
or prohibitions by any court, board, department, commission, or agency of the United States or of
any state; declaration of a state of disaster or emergency by the federal, state, county, or City
government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated
Threat Alert by the United States Department of Homeland Security or any equivalent alert system
that may be instituted by any agency of the United States; any arrests and restraints; civil
disturbances; or explosions; or some other reason beyond the party's reasonable control
(collectively, "Force Majeure Event"),the obligations so affected by such Force Majeure Event will
be suspended only during the continuance of such Force Majeure Event. If a Force Majeure Event
occurs, the City may, in its sole discretion, close or postpone the opening of its community centers,
parks, or other City-owned and operated properties and facilities in the interest of public safety and
operate them as the City sees fit. Licensee hereby waives any claims it may have against the City for
damages resulting from any such Force Majeure Event.
24. HEADINGS NOT CONTROLLING.
Headings and titles used in this License are for reference purposes only and shall not be
deemed a part of this License.
25. CHARITABLE ORGANIZATIONS.
Licensee agrees that, if it 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 damage or injury to property or persons under the provisions
of the Charitable Immunity and Liability Act of 1987, C.P.R.C. § 84.001 et seq., or other applicable
law,that Licensee hereby expressly waives its right to assert or plead defensively any such immunity
or limitation of liability as against City.
26. ENTIRETY OF AGREEMENT.
This written instrument, including any documents attached hereto or incorporated herein by
reference, contains the entire understanding and agreement between Licensor and Licensee, its
assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous
oral or written agreement is hereby declared null and void to the extent in conflict with any
provisions of this License. The terms and conditions of this License shall not be amended unless
agreed to in writing by both parties and,if necessary,approved by the City Council of Licensor.
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[REMAINDER OF PAGE INTENTIONALLY BLANK]
License Agreement Wright Tarlton Tennis Courts—FWTA Page 12 of 14
IN WITNESS WHEREOF,the parties hereto have executed this License to be effective on
the dates set forth in section 2 above.
LICENSOR: LICENSEE:
CITY OF FORT WORTH FORT WORTH TENNIS PATRONS
ASSOCIATION,INC.
By: 6 By:
Fernando Costa Christine Figley
Assistant City Manager President
Date: 8 Zo Date: AS
Recommended by:
Da 'd Creek,Acting irector
Park&Recreation Department
APPROVED AS TO FORM
AND LEGALITY:
Richard McCracken
Senior Assistant City Attorney
ATTEST: Contract Compliance Manager
By signing,I acknowledge that I am the
person responsible for the monitoring and
By: administration of this contract including
, `'`i3c) Mary J. Kayser ensuring all perf manc and reporting
City Secretary (, 'd# �y� `'1F} requirements.
M&C:N/A �yef 'y
Form 1295:N/A
Name:
Title: �tS'N`� $�or��G•►dtia'�-
UFRUAL RECORD
CCTV SECRETARY
FT.
License Agreement Wright Tarlton Tennis Courts—FWTA Page 13 of 14
Exhibit A
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