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CONTRACT
STATE OF TEXAS § !V�
COUNTY OF TARRANT §
THIS LICENSE AGREEMENT is made and entered into this 5 f' day
of 2003, by and between the City of Fort Worth, a home rule
municipal corporation situated in Tarrant, Denton and Wise Counties, Texas (hereinafter
referred to as the "City") acting by and through its duly authorized Assistant City
Manager, and the Youth Sports Council of Fort Worth, Inc. a non-profit corporation,
located at 3612 West Vickery, Fort Worth, Texas (hereinafter referred to as "Licensee")
acting by and through its duly authorized representative.
WHEREAS, The First Tee, a division of the World Golf Foundation, Inc.,
intends to designate the Youth Sports Council of Fort Worth, Inc. as its local chapter in
Fort Worth; and
WHEREAS, The First Tee Program seeks alliances with non-profit entities to
make golf available for those who''otherwise would not have access to the game and its
positive values; and
WHEREAS, The First Tee Chapter program is a golf industry initiative
supported by the Professional Golf Association, the Professional Golf Association Tour,
the Ladies Professional Golf Association and other organizations interested in promoting
the game of golf to the youth in the community; and
WHEREAS, in order for the Youth Sports Council of Fort Worth, Inc. to become
certified as a First Tee chapter status, the use of a golf facility is required; and
WHEREAS, the City of Fort Worth has offered the use of the driving range at the
city-owned Rockwood Park and Golf Course in Fort Worth for the use by Youth Sports
Council of Fort Worth, Inc. for the development of the First Tee Chapter and program;
and '
WHEREAS, the use of land owned by the City as a First Tee Facility for the
purposes of conducting The First Tee programming will meet the land and facility
requirements; and
WHEREAS, the City will continue to own and o erate the golf course and park
at Rockwood Park and Golf Course;
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NOW, THEREFORE,the.City and the Licensee covenant and agree as follows:
1. PREMISES.
That for and in consideration of the use of the Premises and the performance of
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the mutual covenants and agreements. herein contained and in consideration of the
payment by the Licensee to the City, City hereby covenants and agrees to permit the
Licensee the use of a certain portion of Rockwood Parr and Golf Course, including, but
not limited to, three holes with yardages, short game practice area with bunkers for
hitting, chipping and putting, and an area for the "academy" clubhouse consisting of a
portable building for use as a clubhouse/learning center, office and storage, the same
being located in Fort Worth, Tarrant County, Texas, and being more particularly depicted
on Exhibit "A" (hereinafter referred to as "the Premises") attached and incorporated
herein for all purposes incident to this Agreement, for the purpose of conducting First
Tee programming and related activities by the Licensee.
I 'PERM.
The primary term of this Agreement shall consist of fifteen (15) years
commencing on August 1, 2003, and ending on August 31, 2018.
Licensee must notify the City in writing no later than ninety (90) days prior to the
beginning of each license period of Licensee's intent to use the Premises under the terms
of this Agreement. Failure of the Licensee to pay the City the license fee, regardless of
the intent to use the Premises, shall result in the termination of this Agreement and the
forfeiture of any remaining license periods with no further obligation, monetary or
otherwise, on the part of Licensee or.City.
3. LICENSE FEES,
That for and in consideration of the payment by Licensee to the City of the sum of
One and No1100 Dollars ($1.00) per annum as License rental, City hereby leases and
demises unto Licensee the use of that parcel of land being more particularly called the
"Licensed Premises" and described in Exhibit "A" being attached hereto and
incorporated herein to this license agreement for the use as a First Tee golf facility.
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The parties agree that all consideration detailed in this Agreement fairly
compensates City for the license granted by City and City acknowledges receipt and
acceptance of this consideration.
Payment of the annual license amount shall be made at the Administrative offices
of the City of Fort Worth Parks and Community Services Department on or before the I"
day of July each year of this license or, in.the alternative, Licensee may pay the entire
primary license fee of Fifteen Dollars ($15.00) at the execution of this License
Agreement.
4. USE of PREMISES.
(a) The primary use of the Licensed Premises by the Licensee is to plan, promote and
implement programs at the facility for all youth, including physically and mentally
disabled and disadvantaged and minority-youth under The First Tee Program.
(b) Licensee, at Licensee's expense; shall be responsible for the maintenance of the
Licensed Premises, including any mowing, fertilizing, or any other costs related to the
operation of the Licensed Premises and The'First Tee Program. Licensee shall maintain
the Licensed Premises to City standards,including, but not limited to, mowing every two
weeks during the growing season.
(c) Licensee and City agree that the Licensed Premises will be open for use by the
public at the discretion of the Licensee.
(d) Licensee, at Licensee's own expense, shall be responsible for the construction of
the facilities on the Premises as required by The First Tee program, including, but not
limited to, three holes with yardages, short game practice area with bunkers for hitting,
chipping and putting, and the "academy" clubhouse consisting of a portable building for
use as a clubhouse/learning center, office and storage.
(e) It is the responsibility of the" Licensee to assume all costs relating to
improvements and the placement of any buildings or structures on the Licensed Premises
for use by the Licensee. Licensee must obtain written approval from the City of Fort
Worth Parks and Community Services Director prior to Licensee placing any permanent
improvements on the Premises. City shall have the exclusive right, title and interest in all
permanent structures and improvements constructed by Licensee on the Premises.
Licensee shall submit a site plan to the Parks and Community Services Director
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indicating the placement of all structures, buildings and/or appurtenances. The Parks and
Community Services Director must approve all site plans prior to Licensee placing any
structures, buildings and/or on the Premises.
(f) The Licensee covenants and agrees that it will not make or suffer any waste,
unlawful, improper or offensive use of the demised Licensed Premises or any part thereof
and shall comply with all federal, state and local laws, including all ordinances and
regulations of the City and other governmental agencies applicable to the Licensed
Premises.
(d) Any additional electrical or utility service required by the Licensee shall be
furnished at the sole expense of the Licensee. Licensee must obtain written approval from
the City of Fort worth Parks and Cornmunity Services Director prior to placing any
permanent utility improvements on the"Premises. Any permanent utility Improvements
shall become the property of the City at the'end of each annual license period.
(f) No structures, buildings and/or appurtenances of any kind shall be placed on said
Premises within the drip line of any trees unless approved by the Parks and Community
Services Director.
(g) No decorative or other materials shall be nailed, tacked, screwed or otherwise
physically attached to any part of the Premises of the City without the consent of the
city.
4. CONDITION OF PREMISES.
(a) Licensee covenants and agrees,that it shall take the Premises as the Licensee finds
it. Licensee agrees that Licensee has examined the Premises prior to the execution of this
Agreement and is satisfied with the physical condition of the Premises for the purposes
related to this Agreement. Taking possession of the Premises by the Licensee for the
license period shall be conclusive evidence of its receipt of the Premises in a safe,
sanitary and acceptable condition and in good repair, except for those conditions that are
not in good repair which the Licensee provided City written notice of and which City
failed to reasonably correct.
(b) Licensee, at Licensee's own expense, shall keep the Premises and maintain all
equipment and other properties of the City in a safe, sanitary and acceptable condition
and in good repair. Licensee shall restore and yield said Premises, equipment, and all
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other properties belonging to the City back to the City at the expiration of the license
period or termination of this Agreement in good or better condition, ordinary wear and
tear excepted, as existed at the commencement of this Agreement and in which Licensee
found them.
(c) Licensee will pay the costs of repairing (to its condition immediately preceding
the occurrence of such damage) any damage which may be done to the Premises or any
of the fixtures, structures, or the natural environment by any act of Licensee or any of
Licensee's employees, agents, officers, or anyone visiting the Premises upon the
invitation of the Licensee including the patrons of the attraction or function for which
Licensee hereby is leasing the Premises. 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
Licensee is responsible. City shall provide Licensee with documentation of alleged
damages and costs to repair such damage.
(d) Any damage by the Licensee or others incident to the exercise of privileges herein
granted shall be repaired or replaced by the Licensee to the reasonable satisfaction of the
City within thirty days of receipt of written notification from the City.
(e) City does not relinquish the right to control the management of the Premises, or
the right to enforce all necessary and proper rules for the management and operation of
the same. City, through its Manager, Parks and Community Services Director, police and
fire personnel and other designated representatives, has 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 Licensee) for the purpose of inspecting and
maintaining the same and doing any and all activities necessary for the proper conduct
and operation of public parks; provided this shall not authorize or empower City to direct
the activities of the Licensee or assume liability for Licensee's activities.
(0 Upon prior notice to the City, The First Tee Chapter, its accountants, attorneys,
agents, and representatives shall have the right to enter the Licensed Premises at any
reasonable time to inspect the facility, its maintenance and operation and, upon
reasonable notice to Licensee, examine and inspect and copy the books and records of the
Licensee relating to The First Tee program.
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f. THE FIRST TEE NAME, LOGO, AND MARKS.
The Licensee shall conduct all sales of merchandise containing The First Tee
name, logo and/or marks from The First Tee of Fort Worth clubhouse or on any other
part of the Licensed Premises. No merchandise containing The First Tee name, logo
and/or marks shall be sold by the City or placed for sale in the City's pro shop. Licensee
shall be responsible for the payment of any percentage of the sales of merchandise
produced by the Licensee
7. COMPLIANCE WITH LAWS AND REGULATIONS.
(a) It is agreed that Licensee will comply with all federal, state, and local laws,
statutes Including all ordinances, charter provisions, rules and regulations of the City of
Fort Worth; including all rules, regulations and/or requirements of the City of Fort Worth
Police and Fire Departments; in connection with the this Agreement and use of said
Premises and any other regulations of any municipal authority of the City of Fort Worth
which apply to the Licensee's use of the Premises as contemplated by this Agreement.
(b) Licensee shall 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) Licensee 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 Licensee to any such violation on the part of said
Licensee or any person employed by or admitted to said Premises by Licensee, Licensee
will immediately desist from and correct such violation and/or vacate the Premises.
(d) Licensee shall obtain and pay for all necessary permits, licenses, and taxes from
any governmental agency with jurisdiction thereof and to pay lawful taxes in connection
with the use of the Premises and the associated golf program.
8. INDEMNIFICATION.
Licensee 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
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injury, including death, to any and. all persons, of whatsoever kind or character,
whether real or asserted, arising out of the work and services to be performed
hereunder by Licensee, its officers, agents, employees, subcontractors, licensees or
invitees, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY THE ALLEGED
NEGLIGENCE OF THE OFFICERS SERVANTS EMPLOYEES OF THE CITY; Licensee
likewise covenants and agrees to, and does hereby, indemnify and hold harmless
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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 Contract,
WHETHER ARISING OUT OF IN WHOLE OR IN PART ANY AND ALL ALLEGED ACTS OR
OMISSIONS OF OFFICERS,OR EMPLOYEES OF CITY.
9. INSURANCE.
Prior to the time Licensee is entitled to any right of access to or use of the Premises,
Licensee shall procure, pay for .and maintain the following insurance written by
companies approved by the State of.Texas and acceptable to City. The insurance shall be
evidenced by delivery to City of executed certificates of insurance and/or certified copies
of policies as determined by City.
Licensee covenants and agrees to obtain. and keep in force during the term of this
Agreement, Comprehensive General Liability Insurance, Including Personal Injury
Liability, Independent Contractors Liability and Contractual Liability covering, but not
limited to, the liability assumed under the indemnification provisions of this Agreement,
with limits of liability for bodily injury (including death) and property damage of not less
than one Million Dollars ($1,000,000). Coverage shall be a Combined Single Limit Per
Occurrence basis and the policy shall include Broad Form Property Damage Coverage
with an insurance company satisfactory to City. The City of Fort North shall be
named as an Additional Primary Insured in the body of the policy (s), or in an
Addendum thereto. Said insurance shall provide coverage for theclaims arising
from the condition of the Licensed Premises and the act(s)-and omisions s of the
officers, servants, or employees of the City. City reserves the right to review and adjust
insurance requirements at any time during the term of this Agreement.
The insurance policy shall include the following:
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a. The term of insurance is for the duration of each Event, which includes the
period from the right of access to set-up through the period allowed for removal
of property;
b. The policy shall require that thirty (30) days prior to the cancellation or
any material change in coverage, a notice shall be given to City by certified mail;
C. Insurers shall have no right of recovery or subrogation against the City of
Fort Worth, it being the intention that the insurance policy shall protect all parties
to the Agreement and be primary coverage for all losses covered by the policies;
d. Company issuing the insurance policy shall have no recourse against the
City of Fort Worth for payment of any premiums or assessments for any
deductibles which all are at the sole risk of Licensee;
e. The terms "owner", "City" or City of Fort Worth shall include all
authorities, Boards, Bureaus, Commissions, Divisions, Departments, and offices
of the City and the individual members, employees and agents thereof in their
official capacities and/or while acting on behalf of the City of Fort Worth;
f. Said insurance shall provide coverage for the condition of the Licensed
Premises and the act(s) and omisions(s) of the officers, servants, or employees of
the City; and
g. 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.
Licensee hereby waives subrogation rights for loss or damage against City, its
officers, agents and employees for personal injury (including death), property damage or
any other loss.
Licensee 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 which will in any way conflict
with the conditions of any insurance policy upon the Premises or any part thereof, or in
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 right of the other tenants of the Premises, or
injure or annoy them.
The City may terminate this Agreement immediately upon the failure of the
Licensee to provide acceptable documentation of insurance as required by this
Agreement.
10. WAIVER OF IMMUNITY.
Licensee agrees that if it is a charitable organization, corporations, entity or
individual enterprise having, claiming or entitled to any immunity, exemption (statutory
or otherwise) or limitation from and against liability for damage or injury to property or
persons under the provisions of the Charitable Immunity and Liability Act of 1987, C.P.
R.C., § 84.001 et seq., or other applicable law, that Licensee hereby expressly waives its
right to assert or plead defensively any such immunity or limitation of liability as against
City.
11. RESPONDEAT SUPERIOR.
The doctrine of respondeat superior shall not apply as between the Licensee and
City and nothing contained in this Agreement shall be deemed to constitute City and
Licensee as partners or joint venturers with each other, nor shall the Licensee be
considered to be an agent, representative or employee of the City. Licensee shall have
the exclusive control of and the right to control its employees and the details of its
operation on the Premises and shall be solely responsible for the acts and omissions of its
officers, agents, employees, contractors and subcontractors.
12. DISCRIMINATION.
Licensee agrees that, during the use of the Premises, Licensee will not subject
anyone to discrimination in any way because of the person's race, color, sexual
orientation, national origin, age or handicap. No one can be excluded from the Premises
or denied the benefits of the Premises because of person's race, color, sexual orientation,
national origin, age or handicap.
13. TERMINATION AND CIRCUMSTANCES CONSTITUTING DEFAULT BY THE
LICENSEE
The City of Fort worth reserves the right to modify the Premises, including
structures or improvements placed on City property by Licensee, as determined necessary
by the Parks and Community Services Director or designee.
Termination of this Agreement without cause may be by either party upon thirty
(30) days written notice. Said termination notice shall be considered rendered when
placed in the United States Postal Service for delivery to the other party. Upon
termination, the parties shall be released from all obligations contained in this
Agreement, except for the Indemnification section in Paragraph S of this Agreement.
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City may at its option, declare Licensee in default by giving Licensee written
notice of default on the occurrence by any of the following events:
a. Expiration or cancellation of any insurance policy to be paid for by Licensee
as provided for in this Agreement;
b. Involuntary transfer of Licensee's interest in this License by operation of law;
c. Licensee's assignment of any interest in this License;
d. Institution by or against Licensee of any proceedings in bankruptcy or
insolvency or the reorganization of Licensee under any law or the
appointment of a receiver or trustee for the goods and property of Licensee, or
any assignment by Licensee for the benefit of creditors;
e. Failure of the Licensee to provide acceptable documentation of insurance as
required by this Agreement;
f. Failure of Licensee to maintain its designation as a First Tee local chapter; or
g. Licensee fails to comply with any term, provision, or covenant of this
Agreement.
14, RIGHTS_,_REMEDIES AND OBLIGATIONS ON DEFAULT
If the Licensee defaults, and if a notice of default is given as specified in this
Agreement and the default remains uncorrected for fifteen (15) working days, City may
exercise any one or more of the following remedies:
a. Termination of the License and Licensee's rights under this License as to any
or all items of the Licensed Property;
b. Repossession of the Licensed Property without legal process, free of all
rights of Licensee in and to the Licensed Property. By this provision, Licensee
expressly authorizes City or Licensee's agent to enter any premises owned or
controlled by Licensee, or Licensee's agents and assigns, where the property is
located for the purpose of repossessing and removing the Licensed Property.
Licensee specifically waives any right of action Licensee might otherwise have
arising out of the entry and repossession, and releases City from any claim for
trespass or damage caused by reason of the entry, repossession, or removal. Any
repossession of one particular item under this License with respect to which
Licensee is in default does not constitute a termination of this License as to any
other items, unless City expressly so notifies Licensee in writing.
If Licensee defaults, Licensee shall reimburse City for all reasonable expenses for
repossession and enforcement of City's rights and remedies. Further, the remedies of City
set forth in this section are cumulative to the extent permitted by law and may be
exercised partially, concurrently or separately. The exercise of one remedy does not
preclude the exercise of any other remedy. In addition, any failure or delay of City to
exercise any remedy or right under this License is not a waiver.
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15. SALE OR ENCUMBRANCES
Licensee may not part with possession or control of the Licensed Property. Nor
may Licensee sell or mortgage, or attempt to sell or mortgage any of the Licensed
Property. Licensee may not otherwise dispose of or attempt to dispose of any Licensed
Property or any interest under this License except as specifically permitted in this
License.
Further, Licensee may not pledge, encumber, create a security interest in or
permit any lien to become effective on any Licensed Premises. On the occurrence o1E any
of theses events, Licensee will be in default.
In addition, Licensee must promptly notify City of any liens, charges, or other
encumbrances of which Licensee has knowledge. Licensee must promptly pay or satisfy
any obligation from which any lien or encumbrance arises. Licensee must deliver to City
appropriate satisfactions, waivers or evidence of payment of any lien or encumbrance.
16. RETURN OF PROPERTY ON ExPIRATION OF AGREEMENT
On the expiration of the'' license term, or on any earlier termination of the
Agreement, License must return any and all of the Premises to City in good repair,
condition and working order, less normal wear, tear and depreciation. All personal
property required to be surrendered must be returned to City by delivering the property at
Licensee's cost and expense, to such place as City specifies.
If Licensee fails or refuses to return the Premises to City at the expiration of the
license term or at some earlier termination of this Agreement, City has the right to take
possession of the property without legal process and free of all rights of Licensee in and
to the property.
17. NOTICES
All notices required or permitted under this Agreement may be given to a party
personally, by facsimile, or by mail, addressed to such party at the address stated below
or to such other address as one party may from time to time notify the other in writing.
Any notice so given shall be deemed received when deposited in the United States mail
so addressed with postage prepaid:
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CITY:
Director
Parks and Community Services Department
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115
Facsimile Number: 817-871-5724
WITH COPY TO:
Sarah Fullenwider
Assistant City Attorney
1000 Throckmorton Street
Fort Worth, Texas 76102
Facsimile Number: 817-871-8359
LICENSEE:
Youth Sports Council of Fort Worth, Inc.
Tavaasa Mamea, Jr,
3 612 West Vickery Blvd.
Fort Worth, Texas 76107
Facsimile Number: 817-732-9677
Either party may change its address for the purpose of the License by giving
written notice of the changed address to the other party as provided in this section. .
18. INDEPENDENT CONTRACTURINO PARTNERSHIP
The doctrine of respondeat superior shall not apply as between the Licensee
and City and nothing contained in this Agreement shall be deemed to constitute
City and Licensee as partners or joint venturers With each other, nor shall the
Licensee be considered to be an agent, representative or employee of the City.
Licensee shall have the exclusive control of and the right to control its employees
and the details of its operation of the Licensed Property and shall be solely
responsible for the acts and omissions of its officers, agents, employees,
contractors and subcontractors.
19.AMENDMENTS, MODIFICATIONS AND WAIVER
This License may not be amended, modified or altered in any manner except
through a written document executed by both parties' duty authorized representatives.
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20. ADDITIONAL PROPERTY ADDED TO THE LICENSE AGREEMENT
Additional property may, from time to time, be added as the subject matter of this
License as agreed by the parties. This may be done only through a written document
signed by both parties.
21. ENTIRE AGREEMENT
This License and the attached exhibits constitute the entire agreement between
City and Licensee. No agreements, representations or warranties other than those
specifically set forth in this License are binding on any of the parties and any predecessor
license or agreement in.conflict herewith is rescinded to the extent of conflict.
22. CHOICE OF LAW
This License has been executed and delivered in the State of Texas and shall be
interpreted and construed in accordance with the law of Texas.
23. SEVERABILITY
In case any one or more of the provisions contained in this Agreement are held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof and this contract shall be
considered as if such invalid, illegal or unenforceable provisions were never contained
herein.
24. VENUE
Venue shall be in the state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
25. FORCE MAJURE.
If the Premises or any portion thereof shall be destroyed or damaged by fire or other
calamity so as to prevent the use of the Premises for the purposes and during the periods
specified in this license Agreement or if the use of the Premises by Licensee shall be
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prevented by act of God, strike, lockout, material or labor restriction by any
governmental authority, civil riot, flood, or any other like cause beyond the control of the
City, then this contract shall terminate and Licensee hereby waives any claim against City
for damages by reason of such termination.
26. SEVERABILITY.
In case any one or more of the provisions contained in this Agreement are held to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof and this contract shall be
considered as if such invalid, illegal-or unenforceable provisions were never contained
herein.
27. AUTHORIZATION.
By executing this Agreement, Licensee's agent affirms that he or she is authorized by
Licensee to execute this Agreement and that all representations made herein with regard
to Licensee's identity, address and legal status (corporation, partnership, individual, etc.)
are true and correct.
S f- '�
EXECUTED on this the da y of , 2003.
ATTEST: CITY OF FOR ORTH
By.
a City, ecretary Assi nt ' y tnager
Approved as to form and legality: YOUTH SP S COUNCIL
DAVID YETT, CITY ATTORNEY FORT R
B Gam" . �� B
� y
Assistant City ttorney T aasa Air a Jr.,
Exe e r
ONO
antract Authorization
14
Date
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared , Assistant City
Manager, know to me to be the person whose name is subscribe to the foregoing
instrument, and acknowledged to me that the same was the act of the City of Fort Worth
and that he executed the same as the act of the said City of Fort Worth for the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
day of , 2003.
Notary Public in and for the State of Texas
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared, Tavaasa Mamea Jr. authorized representative
for Youth Sports Council of Fort Worth, Inc., know to me to be the person whose name is
subscribe to the foregoing instrument, and acknowledged to me that the same was the act
of the Youth Sports Council of Fort Worth, Inc. and that he executed the same as the act
of the said Youth Sports Council of Fort Worth, Inc. for the purposes and consideration
therein expressed and in the capacity therein stated.
GIA UN ER M HAND AND SEAL O FFI CE, this the
day o , 200
plow
Notary Public Nndw for the State of Texas
�v ham:.-rsv �
MARILYN H. ISAACS
Notary Public ic
* * STATE OF TEXAS
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City of Fort Worth, Texas
lyvel-vor 01"01 C C
DATE REFERENCE NUMBER LOG NAME PAGE
7/22/03 C 9671 80YSCRWD 1 of 2
-1
SUBJECT AUTHORIZATION TO CONTRACT WITH YOUTH SPORTS COUNCIL OF FORT
WORTH, INC. FOR USE OF THE ROCKWOOD PARK DRIVING RANGE FOR THE
FIRST TEE PROGRAM
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with the
Youth Sports Council of Fort Worth, Inc. to lease the Rockwood Park driving range as a site for the First
Tee Chapter of Greater Fort Worth.
DISCUSSION:
In recent months, staff has had preliminary discussions with the Youth Sports Council of Fort Worth,
Inc. (YSC) regarding the possible use of the Rockwood Park driving range facility as a home site for the
First Tee Chapter of Greater Fort Worth (First Tee). The YSC has made formal application to the First
Tee to obtain the chapter, with one of the requirements being that a facility be built or leased to serve
as "home"for the chapter.
The proposed contract would have a term of 15 years with two, five-year options. The YSC would pay
the City $1.00 per year for consideration of this lease. The area of land is approximately 10.86 acres of
land (Exhibit "A" of the proposed contract is a map of the area). The range would be operated by local
First Tee staff and volunteers and would be open to the public for a fee that would help support the
program at times not being used for junior golf activities. The First Tee would assume all operating
costs and improvements to the facility.
The PGA of America, Ladies Professional Golf Association, the PGA Tour, Augusta National Golf Club,
the United States Golf Association, the Golf Course Superintendents Association of America, and the
American Society of Golf Course Architects support the First Tee, an initiative of the World Golf
Foundation. In addition, the National Recreation and Park Association supports this effort through its
member chapters. The First Tee has as its mission "to impact the lives of young people around the
world by creating affordable and accessible golf facilities primarily to serve those who have not
previously had exposure to the game and its positive values." Their emphasis is developing life skills
and leadership through golf.
The Parks and Community Services Department has been supporting this junior program that began as
the Lindy Miller Foundation for Junior Golf, and other programs such as the Roaring Lambs, and Golf 2
Kids with instruction and access, as well as conducting its own youth golf programs.
Staff has determined this would be an effective partnership with the YSC to help provide additional
recreational opportunities for the youth of the City.
This contract was endorsed by the Golf Advisory Committee at its May 7, 2003 meeting, and by the
Parks and Community Services Advisory Board on June 17, 2003, at its regularly scheduled meeting.
Rockwood Golf Course is located in COUNCIL DISTRICT 2.
City of Fort Worths Texas
lVna,gor 10 ica ion
DATE REFERENCE NUMBER LOG NAME PAGE
7/22/03 CA 967'I 8�YSCRWD � of 2
SUBJECT AUTHORIZATION TO CONTRACT WITH YOUTH SPORTS COUNCIL OF FORT
WORTH, INC. FOR USE OF THE ROCKWOOD PARK DRIVING RANGE FOR THE
FIRST TEE PROGRAM
FISCAL IN FORMATIONICERTIF[CATION:
The Finance Director certifies that the Parks and Community Services Department is responsible for
the collection and deposit of all revenues due to the City under this contract.
JP:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
PE39 481153 0804005 $1.00
Joe Paniagua 6140
Originating Department Head:
Randle Harwood(Acting) 5704 (from) APPROVED 07/22/03
Additional Information Contact:
Randle Harwood(Acting) 5704