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HomeMy WebLinkAboutContract 45659 (2)STATE OF TEXAS § COUNTY OF TARRANT § LICENSE AGREEMENT c *, 1ECRAIr • •..r'- 4 ai ACT NO. .. THIS LICENSE AGREEMENT is made and entered into by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, located in Tarrant, Denton and Wise Counties, Texas, (hereinafter referred to as the "City") and BALLET FOLKLORICO de FORT WORTH Inc, of Fort Worth, a Texas corporation, (hereinafter referred to as the "Licensee") acting by and through its duly authorized President. SECTION 1 LICENSED PREMISES 1.01 For and in consideration of the rental payments to be paid under this LICENSE Agreement and the agreements of the parties expressed herein, City does hereby grant to Licensee the use of space located at the R.D. Evans Community Center (the Center), 3242 Lackland Road, Fort Worth, TX, herein described as the "Premises". Licensee shall have access to the Center on the days and time as described in Exhibit A which is made a part of this License agreement. The City has provided off-street parking for 65 vehicles that includes 2 parking spaces that meet applicable handicap accessibility requirements. Licensee understands and agrees that the parking areas at the Community Center are not for the exclusive use of the Licensee and that the City and/or patrons of the Center may use the parking spaces at any time. 1.02 The City grants to Licensee the use of a said portion of the Premises during the Center's normal operational hours. The Center will be closed and unavailable for use by the Licensee on Sundays and on all regular City holidays. Except due to emergency circumstances, City agrees to notify Licensee of any change in the hours of operation by providing Licensee with written notice, at least five (5) working days prior to the change taking effect. City agrees to provide similar notice to Licensee should the Premises not be available to the Licensee due to special events, scheduled maintenance or other non -emergency closures. In the event of a change in hours or availability, such change shall not give rise to any claim against the City by the Licensee, whether for lost profits, cost, overhead, or otherwise. 1.03 If the Licensee requests additional space during the term of this Licensee, City may, at its sole discretion and if space is available, furnish such space adjacent to the Premises, requested by the Licensee at a usual and customary rental rate. The contract term shall be amended to provide that the additional licensed space term shall be concurrent with the balance of the LICENSE period outlined by this Agreement. The City agrees to furnish all services provided in this Agreement to the additional space. The license of additional space shall not be valid unless executed in writing and signed by both parties. • OFFI UA f � CITY SEC4 Y V Ft ORIN, TN SECTION 2 LICENSE PAYMENT 2.01. As consideration for this License agreement, Licensee covenants and agrees to pay to City the sum of Three Hundred Fifty Dollars and No/Cents ($350.00) per month. Payments are due monthly. The monthly payments include cost of maintenance, supplies and utilities. 2.02. Any increase in the amount of time or the space used will result in an increase in the license rate. Payment shall not be decreased due to cancellation of scheduled classes. 2.03. The licensees payment provided for herein shall be due and payable by Licensee to the City no later than ten (10) after the first business day of each month. Payments shall be mailed/paid to/turned in to the Parks and Community Services Department, ATTN: Sheri Endsley, 4200 South Freeway, Suite 2200, Fort Worth TX 76115. SECTION 3 TERM OF LICENSE 3.01 The primary term of this LICENSE shall be for the period commencing on the 1st day January 2010 and ending on the 31 st day of December 2010. 3.02 The primary teiui may be renewed by mutual agreement between the Licensee and the City for two (2) successive 1-year terms under the same conditions and terms of this Agreement. The successive terms shall begin on January 1st of each year and end on the 31 st of December each year Licensee must advise the City in writing of its intent to renew the license at least thirty (30) days prior, but no earlier than ninety (90) days prior to the termination date of the initial 1-year Agreement or the two (2) successive 1-year terms. Failure to timely give such notice shall, at the City's option, cause the LICENSE to teimninate at the end of its initial term. SECTION 4 DUTIES AND RESPONSIBILITIES 4.01 Licensee shall: A. Organize each class to include set-up and cleanup within the time allowed- for the Premises. The Premises are not available prior to beginning class times and are not available after the scheduled class times. Access shall be given to the assigned Premises promptly at the posted start time of the class Licensee shall end classes to ensure cleanup and removal of supplies and participants BEFORE the start time of the next class or BEFORE closing time of the center. The next scheduled class will be allowed in the Premises at their posted start time whether or not the Licensee has completed class instruction/activities; if Licensee for any reason holds over beyond the scheduled time as described in Exhibit A, the Center Supervisor in their sole 2 discretion may notify the Licensee during successive sessions to end the instruction/activities within the time frame described in Exhibit A of this licenses agreement. B Licensee and participants shall not remain in the Premises beyond regular operating hours; with the exception of conditions including but not limited to, eminent danger to participants, severe weather conditions, emergencies declared by the City and other situations in the sole discretion of the Center Supervisor. C. Ensure each participant and instructor of Licensee's program has a current Community Center membership card and shall instruct any participant without a membership card to secure one before attend class sessions. Participants who have a membership card prior to class enrollment shall maintain the membership card in good standing for the duration of the class session. D. Be responsible for ensuring all participants and parents are fully aware of class times; including classes that start late, end early, or that may be cancelled. E Notify the City and the participants 24 hours prior to scheduled class time of any cancellations, except in the case of emergencies. In emergencies, notify Supervisor prior to activity start time. F Be responsible for ensuring that participants under the age of 10 (ten) are not dropped off more than 10 minutes prior to the scheduled class without adult supervision, and that they are picked up within 10 minutes after the class is over unless participants are engaged in a supervised activity carried out by the Center. License e shall be responsible for the supervision of all participants until they are picked up by an authorized guardian. G. Maintain orderly conduct of all participants enrolled in Licensee's program. H. Ensure participants and parents/guardians are in direct control of all non- participating children. Horseplay and unsupervised children are not allowed in the Center. I. Ensure that parents and any non -participants are NOT allowed on any equipment at any time. J. Ensure participants and parents/guardians comply with posted rules of the Center. Rules are included herein as Exhibit B K. Maintain the parts of the buildings used by the Licensee so that it is clean and free of clutter, trash, or other debris at the end of each class. - L . Report anymaintenance or repair needs to the Supers isor as soon as practicable. - M. Keep all music and noise levels low enough that other programs in the Center are not disrupted N Be responsible for all required liability insurance. O. Maintain an attendance record of each class session for all program participants. The attendance of program participants shall be reported on Attachment I of this agreement on a monthly basis; the attendance report is due at the time a request for payment is submitted by the Licensee. Payment may be withheld at the sole discretion of the Center Supervisor for noncompliance with the attendance reporting requirement until such time licensee submits Attachment I. P. NOT CONDUCT ANY UNAUTHORIZED BUSINESS OUTSIDE THE DESIGINAGED LICENSED SPACE. THIS INCLUDES, BUT IS NOT LIMITED TO, UNIFORMS, COSTUMES, AND FUND RAISING. ANY FEES COLLECTED AT THE CENTER BY THE LICENSEE FROM THE PARTICIPANTS ARE SUBJECT TO A 70-30% SPLIT WITH THE CITY. PAYMENT TO THE CITY OF THE 30% SHALL BE DUE AT THE END OF EACH CLASS DURING WHICH MONEY IS COLLECTED 4.02 The City will: A. Provide staff to unlock the Premises, disarm security system, turn on lights and heat/ac systems, ensure lights and heat/ac are turned off, set security system, and lock the Premises. B. Ensure the Premises are ready for set up by Licensee. C. Ensure the Premises are cleaned properly prior to closing and locking the Premises. D. Assist with the promotion of the program in Center schedules. E Ensure City staff does not interfere with program except in cases of safety or emergency. SECTION 5 RIGHT OF ACCESS 5.01 During the term of this LICENSE, City or its agent shall have the right to enter upon the Premises during reasonable hours for the purpose of examining and inspecting the same and deteitnining whether Licensee has complied with all the terms and conditions of this Agreement. 5.02 During any inspection, City may perform any obligations that City 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. 5.03 Licensee will petinit the City's Fire Marshal or his or her authorized agents to inspect the Premises and Licensee and City will comply with all requirements of the Fire Marshal or his or her authorized agents that are necessary to bring the Premises into compliance with the City of Fort Worth Fire Code and Building Code provisions regarding fire safety, as such provisions exist or may hereafter be amended. SECTION 6 TITLE AND CONSTRUCTION 6.01 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. Licensee's taking possession of the Premises shall be conclusive evidence of its receipt of the Premises in a safe, sanitary, and good condition and repair, except for those conditions that the Licensee provides City written notice of prior to the execution of this Agreement Licensee agrees that it is taking the Premises in their current "AS IS" condition with no representations or warranties of any nature whatsoever by City (except as otherwise specifically provided for in this LICENSE). SECTION 7 USE OF PREMISES; PERSONNEL, COMPLIANCE WITH LAW; EASEMENTS 7.01 Licensee is granted and shall have the right to use and occupy the Premises as provided and limited in this Agreement for the purpose of providing dance lessons and practice, provided that such purpose complies with existing zoning of the Premises and the purposes stated under this Agreement 7.02 Licensee covenants and agrees that it shall not engage in any unlawful use of the 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 Premises and Licensee immediately shall remove from the Premises any person engaging in such unlawful activities. Unlawful use of the Premises by Licensee itself shall constitute an immediate breach of this LICENSE. 7.03 Licensee will not do or suffer any waste to the Premises. Licensee shall, at its cost and expense, comply with and cause the Premises to comply with: (i) all valid federal, state, local, and other governmental laws, ordinances, rules orders, and regulations affecting the Premises or a part thereof or the use thereof, and (ii) all rules, orders, and regulations of the National Board of Underwriters or other body exercising similar functions in connection with the prevention of fire, or the correction of hazardous conditions which apply to the Premises. - • 7.04 Licensee shall comply with the requirements of all policies of insurance which at any time may be in force with respect to the Premises and, to the extent that Licensee has written notice thereof, with the provisions of any contracts, agreements, and restrictions affecting the Premises or a part thereof or the ownership, occupancy, or use thereof which shall have existed at the time of commencement of the Primary Term. 7.05 Licensee will comply with all federal, state, and local laws, statutes and 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; and any and all requirements specifically made by the City of Fort Worth Fire Marshal in connection with this LICENSE Agreement. 7.06 All City facilities are designated non-smoking areas. 7.07 If the United States Department of Homeland Security issues a Level Orange or Level Red Alert, the City, in its sole discretion, may close or postpone the opening of the community centers in the interest of public safety. SECTION 8 TAXES AND OTHER CHARGES; UTILITIES; LIENS 8.01 Licensee acknowledges that it has no authority to engage in any act or to make any contract that may create or be the foundation for any lien upon the property or interest in the property of City. If any such purported hen is created of filed, Licensee will not permit it to remain, and will at its cost and expense promptly discharge, all liens, encumbrances, and charges upon the Premises or a part thereof, arising out of the use or occupancy of the Premises or a part thereof by Licensee, by reason of any labor or materials furnished or claimed to have been furnished, by, through, or under Licensee, by reason of any construction, improvement, alteration, addition, repair, or demolition of any part of the Premises Licensee's failure to discharge any such purported hen shall constitute a breach of this LICENSE and City may terminate this LICENSE upon thirty (30) days written notice. However, Licensee's financial obligation to City to liquidate and discharge such hen shall survive following termination of this LICENSE and until such a time as the lien is discharged. SECTION 9 MAINTENANCE 9.01 Licensee shall keep and maintain in a clean, and sanitary condition all areas used in carrying out program activities Licensee covenants and agrees that it will not make or suffer any waste of the Premises Licensee shall be responsible for all damages caused by Licensee, its agents, servants, employees, contractors, subcontractors, Licensees, or invitees. The City will fully repair or otherwise cure all such damages and Licensee shall fully reimburse the City - for all cost and expense. The City shall determine whether any damage has been done, the amount of the damage, and the reasonable costs of repairing the damage Any damage by the Licensee or others incident to the exercise of privileges herein granted shall be repaired or replaced by the City. SECTION 10 IMPROVEMENTS, REPLACEMENTS, ADDITIONS, AND REMOVALS; LANDLORD'S LIEN 10.01 City hereby covenants and agrees that the Licensee may bring on to the Premises any equipment reasonably necessary for the efficient use of the Premises by the Licensee. 10.02 Licensee will not do or permit to be done any injury or damage to any buildings or part thereof, or permit to be done anything which will damage or change the finish or appearance of the Premises or the furnishings thereof or any other property belonging to the City by the erection or removal of equipment or any other improvements, alterations or additions without the written consent of the City. No decorative or other materials shall be nailed, tacked, screwed or otherwise physically attached to any part of the licensed Premises or fixtures of the City without the written consent of the Director of Paiks and Community Services. 10.03 Licensee agrees that, except as otherwise expressly provided herein. all improvements, trade fixtures, furnishings, equipment and other personal property of every kind or description which may at any time be on the Premises shall be at Licensee's sole risk or at the sole risk of those claiming under Licensee. 10.04 After consent is given by the City, any signs necessary to indicate Licensee's name and location shall be prepared and installed by the Licensee, at the sole cost of Licensee, in accordance with applicable rules and regulations of the City and in keeping with building decor. Any special requirements of Licensee contrary to the above must be made a part of this LICENSE by written modification. 10.05 City assumes no responsibility for any property placed on the Premises or any part thereof by the Licensee or any agent, officer, and/or employee of the Licensee. To the extent permitted by the constitution and the laws of the State of Texas, Licensee hereby expressly releases and discharges City from any and all liability for any property damage or loss and/or personal injury, including death, arising out of or in connection with, directly or indirectly the occupancy and/or use of the Licensed facilities and any and all activities conducted thereon . sustained by reasons of the occupancy of said buildings under this Agreement. SECTION 11 INDEMNIFICATION 11.01 LICENSEE AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) LICENSEE'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF LICENSEE, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY,) OR SUBCONTRACTORS, RELATED TO THE PROGRAM OR THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY 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 LICENSEE AND CITY, RESPONSIBILITY, 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 TEXAS. SECTION 12 INSURANCE REQUIREMENTS 12.01 Licensee shall, prior to the execution of this LICENSE agreement, procure, pay for, and maintain during the term of this LICENSE Agreement the following insurance written by companies approved by the State of Texas and acceptable to the City. The insurance shall be evidenced by delivery to City of executed certificates of insurance and/or certified copies of policies as determined by City. Licensee covenants and agrees to obtain and keep in force during the term of this LICENSE agreement, Commercial General Liability Insurance, including Personal Injury Liability, Independent Contractor's Liability, and Contractual Liability covering, but not limited to the liability assumed under the indemnification provisions of this LICENSE agreement, with limits of liability for Bodily Injury (including death) and Property Damage of not less than One Million Dollars ($1,000,000) each occurrence, $2,000,000 aggregate; and the policy shall include Broad Form Property Damage Coverage with an insurance company satisfactory to the City. Licensee, on behalf of itself and the Permitted Subtenants (subject to approval by the City), further covenants and agrees to obtain and keep in force during the term of this LICENSE a policy covering the Licensee and the Permitted Subtenants providing for bodily injury and property damage insurance in amounts as follows: a. Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate b. Automobile Liability $1,000,000 each accident on a combined single limit or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence c. A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned when said vehicle is used in the course of the event Licensed herein. d. Worker's Compensation: Coverage A: Statutory limits Coverage B: Employer's Liability $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee 12,01.01 Insurance Coverage Exclusion 1 Licensee shall not be required to carry the above automobile liability insurance if Licensee DOES NOT provide transport of program participants to or from events, practices or performances using their personal, leased or rented automobiles. This exclusion of coverage does not apply to contract transportation services obtained by Licensee to provide transportation; to or from events, practices or performances; contract transportation services shall be required to carry the above insurance coverage. 2 Licensee shall not be required to carry the above worker's compensation insurance if Licensee DOES NOT employ at least one full time employee. 12.02 The insurance policy shall include the following: (1) The certificate of insurance shall document the City of Fort Worth its' Officers, Employees and Volunteers as an `Additional Insured" on all liability policies. Exception... the additional insured requirement does not apply to Workers' Compensation policies (2) This insurance shall not be canceled, limited in scope or coverage, cancelled or non - renewed, until after thirty (30) days prior written notice has been given to the City of Fort Worth, a notice shall be given to City by certified mail; a ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the: Sheri Endsley PACSD City of Fort Worth, 4200 South Freeway Suite 2200 Fort Worth, Texas 76115-1499 The certificate shall be signed by an agent authorized to bond coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M Best Property & Casualty Guide All policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City of Fort Woith. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management If the rating is below that required, written approval of Risk Management is required. If insurance policies are not written for specified coverage limits an Umbrella or Excess Liability insurance for any differences is required Excess Liability shall follow form of the primary coverage. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. Policies shall have no exclusions by endorsements, which nullify the required lines of coverage, nor decrease the limits of said coverage s unless such endorsements are approved in writing by the City. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. (9) Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be acceptable to and approved by the Risk Management Division of the City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by Risk Management 10 (10) Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City's Risk Management Division (11) The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. The City shall be required to provide prior notice of ninety (days). (12) The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of this contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. (13) Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. (14) The Commercial General Liability insurance policy shall have no exclusions by endorsements that have effect on the lines and limits of insurance required in this agreement, unless the City approves such exclusions. 12.03 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 Licensed Premises or any part thereof, or in any way increase the rate of fire insurance upon the Licensed Premises or on property kept therein, or in any way obstruct or interfere with the right of other tenants of the Licensed Premises, or injure or annoy them. 12.04 The City may terminate this LICENSE agreement immediately upon failure of the Licensee to provide acceptable documentation of insurance as required by this Section. Certificates df insurance evidencing the above required insurance shallbe presented to the City prior to execution of this LICENSE agreement and annually by the expiration date shown on the insurance certificate. 12.05 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 SubLicensee hereby expressly waives its right to assert or plead 11 defensively any such immunity or limitation of liability as against City. Copy of the documentation stating this organization's status is due annually to the address specified for Parks and Community Services in Paragraph 22 of this document. SECTION 13 CONDEMNATION 13.01 If the title to all or substantially all of the Premises is taken by condemnation proceedings or any right of eminent domain, this LICENSE will terminate on the date of such taking, and City shall be entitled to receive the proceeds resulting from such taking Licensee waives any right to any compensation attributable to its License hold interest in the Premises. SECTION 14 SUBLETTING AND ASSIGNING 14.01 Licensee shall not assign its interest under this LICENSE without receiving the written consent of City (which shall not be unreasonably withheld), but will thereafter remain liable foi all obligations herein placed on Licensee. Neither this LICENSE nor the term demised hereby shall be mortgaged by Licensee nor shall Licensee mortgage or pledge the interests of Licensee in and to any sublease or to rental payable thereunder. Any assignment without the consent of the City shall be void. 14.02 Licensee may not sublet the Premises in whole or in part without the written consent of City. Any subrental of the Premises without the consent of the City shall be void. 14.03 In the event Licensee shall merge or consolidate with any other corporation or transfer all or substantially all of its business and assets to another corporation, which in any such case succeeds to all or substantially all of the business and assets of Licensee, such successor corporation or entity may succeed to and be substituted for Licensee with the same effect as if it had been named herein as Licensee only by written consent of the City SECTION 15 TERMINATION 15.01. This Agreement may be terminated without cause by either party upon thirty (30) days written notice of such intent to cancel. 15.02. Upon termination, all funds owed to the City shall be due and payable by the tenth (10th) calendar day from the date of termination. 15.03. If Licensee fails to perform under the terms of this Agreement, the City may, at its discretion, provide Licensee an opportunity to cure or correct such performance within the timeframe specified by the City. 12 15.04. Within twenty (20) days following the effective date of termination or expiration, Licensee shall remove from the Premises all trade fixtures, tools, machinery, equipment, materials and supplies placed on the Premises by Licensee pursuant to this LICENSE After such time, City shall have the right to take full possession of the Premises, by force if necessary, and to remove any and all parties and property remaining on any part of the Premises Licensee agrees that it will assert no claim of any kind against City, its agents, servants, employees or representatives, which may stem from City's termination of this LICENSE or any act incident to City's assertion of its right to terminate or City's exercise of any rights granted hereunder. SECTION 16 REMEDIES; NO WAIVER 16.01 Each right, power, and remedy of City provided for in this LICENSE shall be cumulative and concurrent and shall be in addition to every other right, power, or remedy provided for in this LICENSE, or, unless prohibited by the terms hereof, now or hereafter existing at law or in equity or by statute or otherwise, in any jurisdiction where such rights, powers, and remedies are sought to be enforced, and the exercise or beginning of the exercise by City of any one or more of the rights, powers, or remedies provided for in this LICENSE or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by City of any or all such other rights, powers, or remedies. 16.02 The failure to insist upon a strict performance of any of the covenants or agreements herein set forth or to declare a forfeiture for any violation thereof shall not be considered or taken as a waiver or relinquishment for the future of City's rights to insist upon a strict compliance by Licensee with all the covenants and conditions hereof, or of City's right to declare a forfeiture for violation of any covenants or conditions if such violation be continued or repeated beyond the curative periods of time permitted in above. SECTION 17 INDEPENDENT CONTRACTOR 17.01 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 City Licensee shall have the exclusive right to control the details of its operations and activities on the 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 City 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 City and Licensee. 13 SECTION 18 NON-DISCRIMINATION/DISABILITIES 18.01 Licensee, for itself, its personal representatives, successors in interest and assigns, as part of the consideration herein, agrees that no person shall be excluded from participation in or denied the benefits of Licensee's use of the Premises on the basis of race, color, national origin, religion, handicap, gender, sexual orientation, or familial status. SECTION 19 LICENSES AND PERMITS 19.01 Licensee shall, at its sole expense, obtain and keep in effect all licenses and permits necessary for its operations. 19.02 Copy of the documentation stating this organization's status is due annually by to the address specified for Parks and Community Services in Paragraph 22 of this document. 19.03 With the use and/or provision of amplified or non -amplified music in a City of Fort Worth facility, Licensee agrees to assume full responsibility for complying with the Federal Copyright Law of 1978 (17 U.S.C. 101, et seq.). This law states that the user is responsible for abiding by royalties, copyrighted works, and securing permission from artists/performers for any music used. SECTION 20 VENUE AND JURISDICTION 20.01 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 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. SECTION 21 WAIVER, SECTION HEADINGS, AND SEVERABILITY 21.01 Neither this LICENSE nor any provision hereof may be changed, waived, discharged, or terminated orally, except by an instrument in writing, signed by the parties. This LICENSE shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 21.02 The headings in this LICENSE are inserted for reference only, and shall not define or limit the provisions hereof. 14 21.03 This LICENSE may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one instrument. 21.04 In the event that any clause or provision of this LICENSE shall be held to be invalid by any court or competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. SECTION 22 NOTICES 22.01 All notices required or permitted under this Agreement may be given to a party personally 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 to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: City of Fort Worth Director Parks and Community Services Department 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115 With a cony to: City Attorney's Office 1000 Throckmorton Fort Worth, Texas 76102 LICENSEE Ballet Folklorico de Fort Worth, Inc. 3309 Highlawn Terrace Fort Worth, TX Or to such other address as such party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. SECTION 23 ASSIGNMENT 23 01 Licensee shall not assign or LICENSE its privileges, rights or duties hereunder without written permission of the City. SECTION 24 ENTIRE UNDERSTANDING 24.01 This LICENSE expresses the entire understanding and all agreements of the parties hereto with each other and neither party hereto has made or shall be bound by any agreement or any representation to the other party which is not expressly set forth in this LICENSE. IN WITNESS WHEREOF, the parties have executed this LICENSE Agreement in multiples, this ere' day of D c `e , 2009. CITY OF FORT WORTH B ichard Zavala, Directo rks & Community Services Department APPROVED AS TO FORM AND LEGALITY: By: Aslistant y Attorney 16 BALLET FOLKLORICO de FORT WORTH INC. By: ,A(Nk Anna Carrizales, President M f 'UCIAL f E4 (_) W- ©11T11 SECRET, ; V fl o WORTH, TX R.D. Evans Community Center 3242 Lackland Road Fort Worth, TX Organization: Ballet Folkoricio Inc. January 1, 2010 — June 4, 2010 And August 28, 2010 — December 31, 2010 TIMES 6-7:30 pm 5:45pm — 7:00 pm 5:30-7:00pm 7:00 - 8:00 pm TUESDAY After School Room WEDNESDAY 9:OOam —11:00 am C Stage THURSDAY A&B Dance Room Performance Rehearsal Stage EXHIBIT A SATURDAY 11:OOam—12:OOam A&B Dance Room C Dance Room 1 of R.D. Evans Community Center 3242 Lackland Road Fort Worth, TX Organization: Ballet Folkoricio Inc. SUMMER SCHUDULE June 5, 2010 — August 27, 2010 TIMES TUESDAY 6:00pm-7:30pm 5:45 — 7:OOpm 6:00 — 7:30pm 5:30 — 7:00 pm 7:00 - 8:00 pm 9:00-11:OOam After School Room WEDNESDAY C Stage C Stage THURSDAY EXHIBIT A SATURDAY 11:O0am—12:OOam A&B Dance Room Perfotmance Rehearsal Stage 2 of 2 Ballet Folkoricio Exhibit B R.D. Evans Community Center Center Rules Persons under 18 years of age must be accompanied by an adult while school is in session, unless participating in a center program. The following is not allowed: • Playing in restrooms with water or paper products, playing or running in lobby. • Smoking or consumption of alcoholic beverages. • Use of profane or vulgar language. • Loitering, soliciting or panhandling. • Spitting on floors or wearing cleats, tap or any other shoe other than tennis shoes, skateboards or roller skates, roller blades, heely's. Parents seeking services must supervise children at all times. Showers are for the use of participants only Sinks are not to be used for bathing, shaving, washing hair or other personal items. Appropriate Attire • Shirts and shoes must be worn at all times. • Robes or housecoats not allowed. Theft or destruction of city property will result in prosecution. Person(s) violating these rules will be subject to loss of privileges and suspension from the centers on a temporary or permanent basis Loss of privileges or suspension denies person(s) from all multi -purpose and park & recreation facilities. Ballet Folklorico Inc. R.D. Evans Community Center Attachment I STUDENT Class Attendance Date Date Date Date