HomeMy WebLinkAboutContract 43771 CITY SECRUARY
CONTRACT NO,
LEASE AGREEMENT
WITH
YMCA OF METROPOLITAN FORT WORTH
HIS AGREEMENT ("Agreement") is made and entered into on the da of
0Eh)UV y
, 2012 ("Effective Date") by and between the CITY OF FORT
WORTH, a home-rule municipal corporation of the State of Texas located within Tarrant,
Denton, Parker, and Elise Counties, Texas ("City"), acting herein by and through Susan
Alanis, its duly authorized Assistant City Manager, and the YMCA OF
METROPOLITAN FORT WORTH, a Texas nonprofit corporation ("YMCA"), acting
by and through its officers duly authorized by its Board of Directors.
RECITALS
WHEREAS, in order to serve the citizens of the City with an updated facility for
public recreational outdoor activities, City desires to enter into a lease agreement with
YMCA to operate, manage, and program recreational activities at the Leased Premises (as
hereinafter defined in Article 1) and participate in the development and construction of
improvements with YMCA thereon;
WHEREAS, on August 11, 2010, City issued a Request for Qualifications (RFQ)
for the development, operation,management,and programming of the Leased Premises;
WHEREAS, YMCA was the sole respondent to the RFQ and was selected by the
selection committee as being qualified to develop, operate, manage, and program the Leased
Premises;
WHEREAS,YMCA has commissioned plans for the construction and development
of improvements on the Leased Premises and is planning to begin construction in the near
future;
WHEREAS, on June 12, 2012, the Fort North City Council approved M&C C-
25667, which authorized the execution of a lease agreement with YMCA for the
development, operation, management, and programming of the Leased Premises for the
purpose of conducting public outdoor recreational activities;and
WHEREAS, City's citizens will derive substantial benefits from the activities,
programs, and improvements to be provided and conducted by YMCA for YMCA
members, program participants, and Fort North citizens at the Leased Premises.
NOW, THEREFORE, in consideration of the covenants and agreements
contained in this Agreement,City and YMCA hereby agree as follows:
ARTICLE 1. LEASE OF LEASED PREMISES
1.01 Leased Premises. In consideration of the mutual terms and covenants of
this Agreement, and other good and valuable consideration, City demises and leases to
Lease Agreement with
YMCA of Metropolitan Fort worth onnCIAL RECORD 1 of 33
CITY SECRETARY
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YMCA, and YMCA leases from City (a) the premises described and set forth as Parcel 1 in
Exhibit A, which is attached hereto and incorporated herein for all purposes, and includes
any buildings or improvements currently thereon (the "Site") and (b) any buildings and
improvements to be renovated, developed, or constructed on the Site (the "Facilities"). The
Site and Facilities are collectively referred to as the "Leased Premises."
ARTICLE 2. LEASE TERM
2.01 Tom. This Agreement shall commence upon the Effective Date and
payment of the rental required under Article 4 below and shall expire on the first day of the
month next following twenty (20) years ("Primary Term"'). The Agreement shall
automatically renew for two (2) successive renewal terms of ten (10) years each (each a
"Renewal Term") unless terminated in accordance with the provisions of this Agreement.
2.42 Renerals. If, at the time of any renewal of this Agreement, YMCA is in
default and has received notice of such default from City in accordance with Article 11 and
the cure period allowed under Article 11 has not expired, then such renewal will not be
effective unless such default is cured by YMCA within the allowed cure period. If YMCA
cures the default within the cure period, the renewal will become effective and be retroactive
to the date that the Agreement would otherwise have been renewed. If YMCA fails to
complete the cure within the cure period, then City may deny the renewal and this
Agreement shall terminate.
2.43 Hover Tenan". Any holding over by YMCA after the expiration or
termination of this Agreement will not constitute a renewal of the Agreement or give YMCA
any rights under the Agreement in or to the Leased Premises, except as a tenant at will.
ARTICLE 3. USE OF LEASED PREMISES/OWNERSHIP OF PROPERTY
3.01 Permitted Use of Leased Premises. YMCA may use the Leased Premises to
develop, manage, operate, and program the Leased Premises consistent with this Agreement
for the purpose of offering, conducting, and operating non faith-based recreational wellness,
youth and family programs, and related activities consistent with other YMCA facilities and
for no other purpose without the prior written consent of City. City reserves the right to use
the Leased Premises to sponsor no more than three (3) events annually for legally recognized
not for profit civic and neighborhood associations as approved by City. The YMCA shall
not be liable for any damages or injuries to people or property resulting from the City's use
of the Leased Premises during any City-sponsored event. YMCA agrees to waive any fees
associated with the usage of the Leased Premises; provided, they are fees that City would
ordinarily waive, as set forth by current City policy. Scheduling will be coordinated through
YMCA to prevent conflict with regularly-scheduled programs of YMCA.
3.02 Ille al Use Not Permitted. YMCA may not use any part of the Leased
Premises or any building situated on them for any use or purpose that violates any applicable
law, regulation, or ordinance of the United States, the State of Texas, the County of Tarrant,
or the City of Fort worth, or other lawful authority with jurisdiction over the Leased
Premises.
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YMCA of Metropolitan Fort Worth 2 of 33
3.03 Condition of Leased Premises. YMCA accepts the Leased Premises in their
present condition, finds them suitable for the purposes intended, and further acknowledges
that it is thoroughly familiar with such condition by reason of a personal inspection and does
not rely on any representations by City as to the condition of the Leased Premises or their
suitability for the purposes intended. YMCA accepts the property herein described subject to
all previous recorded easements,if any, that may have been granted on, along, over, under or
across said property, and releases City from any and all damages, claims for damages,
loss or liabilities that may be caused to all invitees, licensees, or trespassers by reason
of the exercise of such rights or privileges granted in said easements.
3.04 Zoning. Restrictions and other Lati s. The Leased Premises are subject to
any statement of facts that an accurate survey or physical inspection might show, all zoning,
restrictions, regulations, rulings, and ordinances, building restrictions, and other lawns and
restrictions now in effect or hereafter adopted by any governmental authority having
jurisdiction.
3.05 Fire Code Inspections. YMCA will permit the City's Fire Marshal or his or
her authorized agents to inspect the Leased Premises and YMCA and City will comply with
all requirements of the Fire Marshal or his or her authorized agents that are necessary to
bring the Leased 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. YMCA shall maintain in proper condition accessible fire extinguishers of a
number and type approved by the Fire Marshal or his or her authorized agents for the
particular hazard involved.
3.06 ownership of Equipment and Furniture. No City funds shall be used to
r
acquire equipment and furniture to be used by YMCA. YMCA shall own all equipment and
furniture purchased by it. YMCA, at its sole cost and expense, shall be responsible for repair
and/or replacement of said furniture and equipment during the term of the Agreement.
3.07 ownership,of Building and Fixtures. City shall own the Leased Premises
and all fixtures attached thereto. The Leased Premises and any other buildings,
improvements, additions,alterations, and fixtures (except furniture, movable equipment, and
trade fixtures) constructed, placed, or maintained on any part of the Leased Premises during
the Primary Term or any Renewal Term are considered part of the real property of the
Leased Premises and must remain on the Leased Premises and title to all permanent
improvements on the Leased Premises shall vest in City.
3.08 Right to Remove Personal Property; Trade Fixtures. YMCA may, at any
time while it occupies the Leased Premises, or within a reasonable time thereafter, not to
exceed ninety (90) days, remove personal property, furniture, machinery, equipment, or
other trade fixtures owned solely by YMCA, in, under, or on the Leased Premises, or
acquired by YMCA, whether before or during the Primary Term or any Renewal Term and
any extension,such property being here and after referred to as "YMCA Property."
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3.09 Maintenance and Rel2air.
(a) YMCA shall, at all times during the Primary Term and any Renewal
Term, perform all work to and make all repairs necessary or advisable to keep and
maintain, or cause to be kept and maintained, the Leased Premises in a good state of
appearance and repair (except for reasonable wear and tear) at YMCA's sole cost and
expense.
(b) Collection and proper disposal of trash,garbage,litter, and debris will
be the responsibility of YMCA, at its sole cost and expense. YMCA shall neither
commit nor allow to be committed any waste on the Leased Premises, nor shall
YMCA maintain, commit, or permit the maintenance or commission of any nuisance
on the Leased Premises or use the Leased Premises for any unlawful purpose.
YMCA agrees that, at all times during the Primary Term or any Renewal Term of
this Agreement, it will keep all growth of weeds and other objectionable vegetation
on said property from reaching such conditions as to violate governmental
requirements, if any, or be hazardous and/or objectionable to City and/or adjacent
property owners.
(c) City shall have the right and privilege, through its agents and
representatives, to make inspections of the Leased Premises, including, but not
limited to,inspections to ensure that YMCA is adhering to fire, safety, and sanitation
regulations and other provisions contained herein or in the Fort Worth City Code.
The City may make recommendations to YMCA of any maintenance or repairs that,
in City's sole discretion, are necessary to be performed by YMCA upon the Leased
Premises in accordance with the foregoing. Unless otherwise specifically agreed to in
writing by City, acting in its sole discretion, YMCA covenants and agrees that it will
commence such maintenance and/or repairs within sixty (60) days from the date that
such recommendations are made. In the event that YMCA shall fail to undertake
such recommended maintenance and/or repairs within the time provided, it is
understood and agreed that City may, within its sole discretion, undertake to make
such maintenance and/or repairs as it may deem necessary for and on behalf of
YMCA, and in such event, the cost of such maintenance and/or repairs shall be an
obligation on YMCA and City will invoice YMCA for City's costs and expenses
incurred, such invoice to be due and payable to City within thirty (30) days of its
delivery to YMCA.
(d) At all times during the Primary Term and any Renewal Term,YMCA
shall, at its sole cost and expense, perform all regular and ordinary minor
nonstructural building maintenance and repairs, such as painting, wallpaper, tile,
flooring, and window glass replacement. Such repairs shall be made in an
expeditious and proper manner.
(e) YMCA shall be responsible for keeping any landscaping, including,
but not limited to, any irrigation system, around any buildings in a neat, tidy, and
working condition, with adequate watering and maintenance, and replacing
landscaping, including all growth of weeds and other objectionable vegetation on the
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Leased Premises from reaching such conditions as to violate governmental
requirements,if any, or to be hazardous and/or objectionable to City or YMCA.
(0 If any maintenance or repairs are necessary upon the Leased
Premises, such maintenance and repairs shall be made expeditiously and in the same
manner as a person generally proficient in that industry or trade performing under
similar circumstances. All maintenance, repair, and upkeep of the Leased Premises
shall be in accordance with all applicable federal, state, and local laws, rules,
regulations,and specifications.
3.10 Sale of Goods and Services. YMCA may sell goods and services on the
Leased Premises in accordance with YMCA's policies for its other facilities of similar use
and size. Said concessions shall be managed and operated by and for YMCA. Approval
from the Director of the City's Parks and Community Services Department and/or its
designee ("Director") is not required to sell such goods and services; however, the Director
reserves the right to review,disapprove,and order YMCA to discontinue any such sales.
3.11 Admission and User Fees.
(a) YMCA may charge entrance and user fees admission for the entrance
to or use of any part or all of the Leased Premises or any facilities constructed
thereon consistent with other like YMCA programs of similar size. The amount of
any fees to be charged by YMCA and all rates and prices charged by YMCA for
accommodations, food, and services furnished or sold to the public shall be subject
to all applicable laws and regulations. The Director reserves the right to review and
approve all fees and costs subject to this section.
(b) YMCA shall furnish all proposed rate or price increases or decreases
for the next calendar year to the Director for approval. The Director shall not
unreasonably withhold such approval for any rate increase or decrease. YMCA shall
keep a schedule of such fees, rates, or prices posted at all times in a conspicuous
place on the Leased Premises. Under no circumstances shall the City provide any
subsidy to make up any shortfall in revenue from admission or user fees.
3.12 Sale and Consumption of Alcohol. YMCA covenants and agrees that it will
not permit, at any time, the sale or consumption of alcoholic beverages on the Licensed
Premises.
3.13 Permits and Licenses. YMCA agrees that it will obtain and pay for all
necessary permits (unless otherwise provided for in this Agreement) and licenses incurred or
required in connection with the rights granted hereunder.
3.14 Start Time Restrictions. Under no circumstances shall YMCA permit any
activity,including, but not limited to, soccer games, football games, and the like, to begin on
or after 10:00 p.m. on any night in the area designated for the proposed multi-use playfields
depicted in Exhibit B,attached hereto and incorporated herein by reference.
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YMCA of Metropolitan Fort Worth 5 of 33
3.15 Lighting Restriction. It is hereby acknowledged by the parties hereto that
lighting facilities have been installed and presently exist upon Parcel 1 and that YMCA shall
be permitted to continue the use of the existing lighting facilities throughout the term of this
Agreement. Additional lights may be placed on fields on the north side of the Leased
Premises with written approval from the Director. Any athletic field lighting will be of such
nature and design to direct lighting onto the fields and minimize spillover lighting outside of
the fields. Any determination of spillover lighting is at the sole discretion of the Director.
YMCA must submit a written plan detailing its proposed lighting schedule and usage to the
Director, which the Director must approve, in his/her sole discretion, prior to YMCA
commencing any work on the Facilities or any activities on the Leased Premises.
3.16 Public Address Sys, tem. YMCA shall be permitted to maintain upon Parcel 1
a public address system for use only in the conduct of recreational activities on the Leased
Premises; provided, however, that no speaker of the public address system shall face any of
the residences adjacent to the north boundary line of Parcel 2. YMCA must submit a written
plan detailing its proposed public address system usage to the Director, which the Director
must approve, in his/her sole discretion, prior to YMCA commencing any work on the
Facilities or any activities on the Leased Premises. It is expressly understood and agreed
that, in the use of the public address system, YMCA shall comply with all ordinances and
regulations of City concerning noise,including but not.limited to, Chapter 23 of the Code of
the City of Fort Worth,as amended or may be amended.
3.17 Abusive Foul or obscene Lanjoru a e. YMCA shall not permit the use of
abusive, foul, or obscene language by any person or persons upon the Leased Premises, and
that use of such language by any person or persons upon the Leased Premises shall result in
the removal of that person or those persons from the premises by YMCA, its members,
agents or employees.
3.18 Si na e. YMCA shall have the right to erect signs in compliance with all
federal, state, and local statutes, ordinances, rules, regulations, City policies, and
specifications, displaying the Leased Premises and the sponsorship of the activities by
YMCA, subject to the prior written approval of the Director and the Director of the City's
Water Department.
3.19 Naming Rights. YMCA is authorized under this Agreement to solicit and
accept sponsorship for naming rights for the Leased Premises, subject to review and
evaluation by the Director and the Director of the City's Water Department and approval by
the Fort Worth City Council. Solicitation for naming rights shall made be in accordance with
all applicable City policies and procedures for naming City-owned facilities in existence now
or during the term of this Agreement (i.e., City of Fort Worth Resolution Numbers 725 and
3253-09-2005). All revenue received from any naming rights for the Leased Premises shall
be used to support the operation and management of the Leased Premises. The location
and design of any signage shall be subject to review and approval by the Director and the
Director of the City's Water Department and in accordance with all applicable federal, state,
and local statutes, ordinances, rules, regulations, City policies, and specifications. All signage
shall acknowledge the City as a co-sponsor and contain the official City of Fort Worth
Logo. YMCA is responsible for ensuring that any use of the City of Fort North Logo
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strictly complies with the City's Logo Use Policy, and all other applicable policies,
procedures, and regulations of the City and applicable federal copyright and trademark laws.
By virtue of this Agreement, YMCA only acquires the right to use the City's logo in
accordance herewith. Neither YMCA nor any other person or entity shall acquire any rights
of ownership in the City's logo, which all rights shall remain exclusively with the City.
YMCA agrees not to use or allow anyone else to use the City's logo in any manner that
would reflect unfavorably on the good name,good will,reputation or image of the City.
ARTICLE 4. RENT
4.01 Rent. Upon the execution of this Agreement and as a condition of the
commencement of the Primary Term,YMCA shall pay the entire lease rental due under this
Agreement for the Primary Term in one lump sum payment of Two Hundred Dollars
($200.00), representing the sum of Ten and No/100 Dollars ($1 0.00) per annum as lease
rental during the Primary Term.
If the term of this Agreement is renewed, payment of the entire lease rental due under this
Agreement for such Renewal Term shall be made in one lump payment of one Hundred
Dollars and No/100 ($100.00), representing the sum of Ten and No/100 Dollars ($1 0.00)
per annum as lease rental during the applicable Renewal Term and shall be a condition of the
commencement of any such Renewal Terre.
The parties agree that all consideration detailed in this Agreement fairly compensates City
for the lease granted by City and City acknowledges receipt and acceptance of this
consideration.
Payment of the lump sum rental payments described above shall be made at the
administrative offices of the City of Fort worth Parks and Community Services Department
located at 4200 South Freeway,Suite 2200,Fort worth,Texas 76115.
ARTICLE 5. CONSTRUCTION OF THE FACILITIES
5.01 General Conditions. Any contract awarded by YMCA for construction of the
Facilities shall be subject to the following:
(a) Prior to YMCA making an award of contract for the construction of
the Facilities,YMCA shall provide sufficient documentation to City to evidence that
YMCA has sufficient funds available to meet its obligations under this Agreement or
any future amendment,addenda,or renewal.
(b) City and YMCA agree that YMCA will construct the Facilities for the
use of YMCA and City in accordance (i) with a set of plans and specifications pre-
approved by City and YMCA prior to beginning any construction; (ii) with all
applicable laws, ordinances, rules, regulations, and specifications of all federal, state,
county, city, and other governmental agencies applicable to the Leased Premises now
or hereafter in effect; (iii) in a good and workman like manner; and (iv) in
accordance with industry standards of care, shill, and diligence. If the Facilities
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YMCA of Metropolitan Fort Worth 7 of 33
include buildings, then. YMCA shall not occupy said buildings until City issues a
certificate of occupancy. All construction and material alteration shall be performed
at YMCA's sole cost and expense (other than expressly provided to the contrary
herein).
(c) The total cost for the design and construction of the Facilities is
anticipated to be one Million Seven Hundred Thousand Dollars and No/100
($1,700,000), inclusive of any costs incurred in order to comply with City of Fort
Worth ordinance No. 17228, City shall contribute Five Hundred Thousand Dollars
and No/loo ($500,000.00) for the design and construction of the Facilities. YMCA
shall contribute One Million Two Hundred Thousand Dollars and No/100
($1,200,000.00) for the design and construction of the Facilities and any necessary
furnishings and equipment. YMCA's funds shall be used to fund the remaining costs
of construction only after City's funds are exhausted.
(d) YMCA shall submit a copy of all draws received from its
contractor(s) to City within two (2) business days of receipt. City shall pay to YMCA
the amount of such draw,less any retainage provided for in the construction contract
between YMCA and its contractor,in sufficient time to allow YMCA to make timely
payments to its contractor(s). If City disputes any portion of a draw request, City
may withhold the disputed portion of the draw request until the dispute is resolved,
but shall pay the undisputed portion of the draw request as specified herein.
(e) Other than stated in c. and d. above, City shall not be responsible for
the cost of any construction work for the Facilities, including, but not limited to,
licenses, taxes incurred or required or the extension of or connection to
water/wastewater utilities, including, but not limited to, impact fees, tap fees, or
other associated fees in connection with this Agreement.
(0 The Leased Premises must, at all times, be Dept free of mechanics'
and materialmen's liens. YMCA shall indemnif,v and hold CIt�F harmless from
and against anp and all mechanics'and ma te.,almen's liens or anp other type
of cla-ims or liens * osed upon the Leased Premises arising as a result ofits
conduct or Ina ct'V107
(g) Prior to the commencement of the construction on the Leased
Premises or any material alteration or other construction work on the Leased
Premises that costs in excess of$50,000.00 in the aggregate, the YMCA shall., at its
own cost and expense, cause to be made and executed by the construction
contractor either one or two separate bonds,in accordance with Section 2253.021 of
the Texas Government Code, as follows
(i) If the amount of the construction contract awarded is in
excess of$50,000.00:
(A) prior to the date of commencement of construction,
the contractor shall furnish a payment bond in a sum
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equal to the full amount of the construction contract
awarded;and
(B) said bond shall be for the protection of and use by
payment bond beneficiaries who have a direct
contractual relationship with the construction
contractor or any of its subcontractors who is actually
supplying the public work labor or material.
(ii) If the amount of the construction contract awarded is in
excess of$100,000.00 in addition to any bond required under
subsection (A) above:
(A) prior to the date of commencement of construction,
the contractor shall furnish a performance bond in a
sum equal to the full amount of the construction
contract awarded; and
(B) said bond shall be conditioned on a faithful
performance of necessary construction and
completion of improvements in accordance with
approved final plans, detailed specifications, and
contract documents.
(iii) The YMCA shall ensure that all required bonds list the City
as a dual obligee.
(h) YMCA shall comply with all applicable federal, state, and local laws,
regulations, and ordinances in awarding any construction contracts for the Facilities.
(i) YMCA shall require its contractor(s) to comply with the requirements
of City ordinance No. 20020-12-2011 and City's established goal for the City's
construction portion of this Agreement regarding the participation of diverse
businesses.
YNfCA shall notify City at least 7 days prior to beginning
construction of the Facilities.
(k) YMCA, for itself, its personal representatives, successors in interest,
and assigns, agrees, as a covenant running with the land as part of the consideration
herein in its construction, maintenance, occupancy, use, or operation of the Leased
Premises, that no person shall be excluded from participation in or denied the
benefits of YMCA's use of the Leased Premises on the basis of race, color, national
origin, religion, handicap, sex, sexual orientation, familial status, transgender, gender
identity, or gender expression. YMCA 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 any improvements or
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alterations to the Leased Premises on grounds of race:, color, national origin,religion,
handicap, sex, sexual orientation, familial status, transgender, gender identity, or
gender expression.
(1) YMCA shall require its design consultant to comply with all
provisions of the Americans with Disabilities Act of 1990, as amended or may
hereafter be amended, and all applicable Texas Accessibility Requirements
(collectively, the ["Act"]),and that while it occupies the Leased Premises,YMCA will
comply with all applicable provisions of the Act. The Facilities will be constructed in
order to comply with the Act within the established construction budget.
(m) YMCA shall be solely responsible for initiating, maintaining, and
supervising all safety precautions in connection with construction or material
alteration of the Leased Premises and YMCA's use of the Leased Premises.
(n) YMCA acknowledges that City may have structures and/or
equipment on the Leased Premises. YMCA agrees that it will use commercially
reasonable efforts to protect the integrity of such structures and equipment. In the
event that YMCA's activities may threaten such structures or equipment, YMCA
agrees to immediately notify City and as far in advance as reasonably possible and to
cooperate with City in protecting such structures and/or equipment.
(o) No structure, building, or appurtenance of any kind shall be placed
on the Leased Premises within the drip line of any tree unless such placement is
approved, in writing, by the Director. YMCA shall be authorized to disturb or
remove the surface or subsurface of the Leased Premises only to the extent provided
in the City--approved construction plans. In exercising such authority, YMCA shall
use all reasonable efforts to minimize removal or damage to existing vegetation,
including, but not limited to, the use of orange mesh fencing around the drip line of
anv tree to protect the tree.
(p) YMCA shall be authorized to destroy, remove, or alter fences or
other improvements only to the extent provided in the construction plans. To the
extent that any fences or other improvements are destroyed, removed, or altered in
connection with any construction or material alteration of the Leased Premises
outside of any City-approved construction plans, YMCA shall reconstruct and
restore such improvements in a good and workmanlike manner to a condition that is
substantially equal to or better than the one in which such improvements existed
prior to commencement of the construction or material alteration. If YMCA
destroys, removes, or alters any fences or other improvements, then YMCA shall
contact City within a reasonable time so that City can determine whether those items
are salvageable.
(q) YMCA covenants and agrees that, within thirty (30) days of the date
that construction on the Leased Premises is complete, YMCA shall provide City an
itemized final accounting of all direct costs associated with construction on the
Leased Premises, excluding any monetary or in-kind contribution made by City
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towards the cost of the Facilities. If Citv requires additional reasonable information
regarding any of the reported costs or disputes any aspect of the accounting, City
shall have sixty (60) days in which to request reasonable additional information or to
provide YMCA with written notice of any disputed costs. YMCA shall use all
reasonable efforts to provide City with requested additional information and
explanation and to resolve any alleged dispute.
(r) City shall have the exclusive right, title, and interest in all permanent
structure and improvements constructed by YMCA on the Leased Premises. (Article
11.04 sets forth the City's reimbursement obligations upon termination or expiration
of this Agreement).
(s) The YMCA shall require its contractor to provide a maintenance
bond in favor of the City for all construction undertaken on the Licensed Premises,
beginning on the date that the City accepts the work and for a period of two years
thereafter.
5.42 Permits. City shall waive the cost of obtaining any necessary permits
required in connection with construction of the Facilities. Any future waiver of permits for
subsequent construction projects shall require approval from the Fort Worth City Council.
5.03 BegLnning Beginning Construction. YMCA shall begin construction no later than two
(2) months from the date City and YMCA approve the plans. City may terminate this
Agreement upon thirty (30) days prior written notice if construction is not commenced
within such time. YMCA may reasonably delay commencement of construction due to
delays caused by City, such delay not to exceed thirty (30) days after City's delay is
eliminated, or by force majeure. In the event of such termination, City shall take title to all
designs and construction plans through the date of termination.
5.04 Process for A1212roval. The following rules govern City's approving
construction, additions,renovations,and alterations of the Facilities:
(a) Cooperation During Design. City and YMCA agree that the
Facilities will be useful beyond the Primary Term or any Renewal Term of this
Agreement. Therefore, City and YMCA agree to cooperate to the greatest extent
possible in the design of the Facilities. YMCA agrees that it will include provisions in
its design professional contract that:
(i) The design professional agrees to cooperate and work with
City in the design of the Facilities;
(ii) The design professional will not proceed to a new phase of
design until City has approved, in writing, the current phase
of design;and
(iii) City will own the plans and specifications prepared by the
design professional.
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(b) Submission of Plans. YMCA must submit two complete sets of final
construction plans prepared by a licensed architect or engineer of detailed working
drawings, plans, and specifications and any additional copies of site plans as required
by City for City's approval. If YMCA wishes to construct any other buildings or
improvements or make any additions or alterations to buildings or improvements for
which City's approval is required under subparagraph a. above, YMCA must submit
two copies of detailed working drawings, plans, and specifications for any such
projects for City's approval before the project begins.
(c) Written Approval No building or other permanent
improvement may be constructed on the Leased Premises unless the plans,
specifications, and proposed location of the building or other improvement has
received City's written approval and the building or other improvement complies
with the approved plans, specifications, and proposed location. No material addition
to or alteration of any building or structure or other improvements erected on the
Leased Premises may begin until plans and specifications covering the exterior of the
proposed addition or alteration have been first submitted to and approved by City.
(d) City's Ayyroval. City will promptly review and approve all plans or
note in writing any required changes or corrections that must be made to the plans
but in no event later than fourteen (14) days after submission or resubmission of
corrected plans. Minor changes in work or materials not affecting the general
character of the building project may be made at any time without City's approval,
but a copy of the altered plans and specifications must be furnished to City.
(e) Exception to Ci is Approval. The following items do not require
submission to and approval by, City to the extent YMCA is required to make
repairs,alterations, changes,or modifications under this Agreement:
(i) Minor repairs and alterations necessary to maintain existing
structures and improvements in a useful state of repair and
operation.
(ii) Changes and alterations required by an authorized public
official with authority or jurisdiction over the buildings or
improvements to comply with legal requirements.
(iii) Interior minor modifications to the structures, such as paint,
wallpaper and carpeting,but excluding any structural changes.
�f} Effect of Aporoval. Approval by City shall not constitute or be
deemed a release of the responsibility and liability of YMCA, its agents, servants,
employees, contractors, and subcontractors for the accuracy and competency of its
designs,working drawings, and specifications or other engineering documents. City,
by approving the plans and specifications, assumes no liability or responsibility for
the architectural or engineering design or for any defect in any the designs, working
Lease Agreement with
YMCA of Metropolitan Fort Worth 12 of 33
drawings, and specifications or other engineering documents, building or
improvement constructed from the plans or specifications prepared by YMCA, its
agents, servants, employees, contractors and subcontractors (it being the intent of
the parties that approval by City constitutes approval of only the general design
concept of the improvements to be constructed).
(g) As Built Drawin s. YMCA shall require its design professional to
prepare as built drawings based upon final construction and shall submit two copies
of these drawings to City, which shall become property of City on the date of
submission.
5.05 Insurance Requirements Related to the Construction of Facilities.
(a) Types of Coverage. YMCA. shall require its contractors and design
professionals to obtain and maintain the following types of insurance and limits of
coverage of contractors and design professionals during the development,design and
construction of any Facilities:
(i) Worker's Compensation. YMCA shall require its contractors
and design professionals to obtain and maintain statutory
worker's compensation insurance and Employers Liability
coverage ($100,000 Each accident/ occurrence, $100,000
Disease - each employee, and $500,000 Disease-policy limit)
during the design and any construction work. YMCA shall
require its contractors and design professionals to cover their
subcontractors and subconsultants on their policies or shall
require the subcontractors and subconsultants to obtain and
maintain statutory worker's compensation coverage insurance
and Employer's Liability coverage (with limits as stated
above).
(ii) Professional Liability Insurance. YMCA shall require any
design professionals providing professional services for the
development, design and/or construction management of the
Facility to obtain and/or maintain professional liability
insurance at a limit of not less than $11000,000. If this
coverage is obtained on a "claims made" basis, the design
professionals will maintain coverage continuously in force for
a period of not less than five years after Facility acceptance.
(iii) Commercial General Liability. YMCA shall require its
contractors and design professionals to obtain commercial
general liability insurance at a limit of riot less than $1,000,000
each occurrence and$2,000,000 aggregate.
Lease Agreement with
YMCA of Metropolitan Fort Worth 13 of 33
(iv) Builders Risk. YMCA or its general contractor shall carry
builder's risk property insurance on the Facility throughout
the construction period.
(v) Automobile Liabilily Insurance. YMCA shall require its
contractors and design professionals to obtain and maintain
business automobile liability insurance at a limit of not less
than $11000,000 each accident on a combined single limit
basis. A commercial business policy shall provide coverage
on "Any Auto", defined as autos owned, hired and non-
owned.
(b) Additional Insurance Re uirements
(i) The City of Fort Worth, its' Officers, Employees and
Volunteers shall be named as an Additional Insured on the
Automobile and Commercial General Liability policies.
(ii) Waiver of rights of recovery (subrogation) in favor of the City
of Fort Worth.
(iii) 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 Ivey Rating Guide
or have reasonably equivalent financial strength and solvency
to the satisfaction of Risk Management. If the rating is below
that required, prior written approval of the City's Risk
Management Division is required.
(iv) 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.
(v) Unless otherwise stated,all required insurance shall be written
on the "occurrence basis." Prior written approval from the
City's Risk Management Division is required for any claims-
made policies. 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 contractual agreement. An
annual certificate of insurance submitted to City shall
evidence such insurance coverage.
Lease Agreement with
YMCA of Metropolitan Fort Worth 14 of 33
(vi) Any deductible in excess of $5,000.00, for any policy that
does not provide coverage on a first-dollar basis, must be
approved in writing by the Citv's Risk Management division.
(vii) City, at its sole discretion, reserves the right to review the
insurance requirements and to make reasonable adjustments
to insurance coverages and their limits when deemed
necessary and prudent by 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. City shall be required to provide prior written notice
of ninety (90) days. If City increases the minimum specified
insurance requirements, City shall be responsible for the
increased costs for such coverage, including profit and
overhead.
(viii) 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 except where policy provisions are
established by Iaw or regulations binding upon either of party
or the underwriter on any such policies.
5.06 Right to Audit. With respect to this Article 5,YMCA agrees as follows:
(a) City shall, until the expiration of three (3) years following completion
of the construction of the Facilities, have access to and the right to examine any
directly pertinent books, documents, papers and records of YMCA involving the
construction of the Facilities.
(b) City shall have access, during normal working hours, to any necessary
YMCA facilities and shall be provided adequate and appropriate workspace in order
to conduct audits in compliance with the provisions of this section. City shall use its
best efforts to give YMCA not less than 7 working days' advance notice of intended
audits.
(c) 'YMCA further agrees to include in all its contractor and design
professional agreements hereunder a provision to the effect that the contractor or
design professional agrees that City shall, until the expiration of three (3) years
following completion of the construction of the Facilities, and further that City shall
have access during normal working hours to all contractor or design professional
facilities and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this paragraph. City shall give
contractor or design professional reasonable advance notice of intended audits.
Lease Agreement with
YMCA of Metropolitan Fort Worth 15 of 33
(d) YMCA further agrees to require its contractors and design
professionals to include in all subcontractors or subconsultant agreements the rights
of City to conduct audits in accordance with this section. In addition, YMCA shall
include in such contracts the provision that the contractors or design professionals
shall agree to photocopy such documents as may be requested by City and City
agrees to reimburse the contractors and design professionals for the cost of copies at
the rate published in the Texas Administrative Code in effect as of the time copying
is performed.
(e) YMCA agrees to photocopy such documents as may be requested by
City. City agrees to reimburse YMCA for the cost of copies at the rate published in
the Texas Administrative Code in effect as of the time copying is performed.
5.07 Future Construction of Facilities. All applicable terms and conditions set
forth in this Article shall apply to all construction of future Facilities during the Primary
Term and any Renewal Term of this Agreement. No other building or other permanent
improvement may be constructed on the Leased Premises absent a duly authorized written
amendment to this Agreement signed by both parties.
ARTICLE 6. INSURANCE REQUIREMENTS DURING TERM
6.01 Insurance Required. Prior to the time YMCA is entitled to any right of
access to or use of the Facility, YMCA shall obtain and maintain the following types of
insurance and minimum limits of coverage during the Term of the Lease of the Facility:
(a) Workers' Compensation- Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$1005000 Disease - each employee
$500,000 Disease - policy limit
(b) Commercial General Liability
$1,000,000 Each occurrence
$21,0005000 Aggregate limit
Coverage shall include but not be limited to the following: premises/operations,
independent contractors, products/completed operations, personal injury, and
contractual liability.
(c) Automobile Liability
$1100011000 Each accident on a combined single-limit basis
A commercial business policy shall provide coverage on "Any Auto," defined as
autos owned,hired and non-owned.
(d) Umbrella or Excess Liability
$5,0001000 Each occurrence
$510005000 Aggregate
Lease Agreement with
YMCA of Metropolitan Fort Worth 16 of 33
(e) Commercial"All Risk"Property Insurance
$130001,000 Minimum Limit
YMCA shall procure and maintain special form "all risk" including flood, wind,
storm, and earthquake coverage insurance on the Leased Premises, in an amount
equal to 90% of the full replacement value of said property.
Boiler and Machinery
$1,000,000 Minimum Limit
YMCA shall procure and maintain a commercial boiler and machinery policy during
the term of the Agreement to cover loss caused by mechanical or electrical
equipment breakdown, including damage to the equipment, damage to other
property of the insured and damage to property of others.
6.02 Additional Insurance Requirements,
(a) The City of Fort worth, its' Officers, Employees and Volunteers
shall be named as an Additional Insured on the Automobile and Commercial
General Liability policies.
(b) YMCA shall submit thirty days (30) prior written notice of
cancellation or non-renewal is required.
(c) Waiver of rights of recovery (subrogation) in favor of the City of
Fort Worth.
(d) 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,prior written approval of the City's
Risk Management Division is required.
(e) 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." Prior written approval from the City's Risk Management
Division is required for any claims-made policies. 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
Lease Agreement with
YMCA of Metropolitan Fort Worth 17 of 33
following completion of the contractual agreement. An annual certificate of
insurance submitted to City shall evidence such insurance coverage.
(g) Any deductible in excess of $5,000.00, for any policy that does not
provide coverage on a first-dollar basis, must be approved in writing by the City's
Risk Management division.
(h) City, at its sole discretion, reserves the right to review the insurance
requirements and to make reasonable adjustments to insurance coverages 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. City shall be required to provide prior
written notice of ninety days.
(i) 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 except where policy provisions are established by law or
regulations binding upon either of party or the underwriter on any such policies.
6.03 Minimum Cove a e. Insurance coverage specified herein constitutes the
minimum requirements and said requirement shall in no way lessen or limit the liability of
YMCA under the terms of this Agreement. YMCA shall procure and maintain, at its own
cost and expense,any additional kinds and amounts of insurance that,in its own judgment,it
deems to be necessary
6.04 YMCA Coverage. During the Term of this Agreement and at its sole cost
and expense, YMCA shall at all times maintain in effect property and casualty insurance
coverages insuring the Leased Premises in an amount equal to at least 100% of the actual
replacement cost thereof and providing protection against any peril generally included in the
classification "Fire and Extended Coverage" or so called "special form" coverage. YMCA
shall be the named insured under the policy and City shall be named as Loss Payee. Such
insurance must be payable to YMCA and City, as their interests may appear, and shall
include a waiver of subrogation in favor of City. YMCA shall deliver to City, upon City's
request, certificates of such insurance. In no event shall City be responsible for damage to
the Facility by reason of fire or other casualty, or by reason of any other cause that could
have been insured against under the terms of a standard fire and extended coverage
insurance policy or policies. In the event of a casualty, if YMCA reconstructs the Facilities
under Article 9, YMCA and City shall use all insurance proceeds to reconstruct the Facility.
If the Facility is not reconstructed after a casualty,YMCA and City shall proportionally share
in the insurance settlement proceeds.
ART I C LE 7. TAXES
7.01 Pavment by N`MCA. In addition to the rent specified in Article 4, YMCA
will pay and discharge all taxes, general and special assessments, and other charges of any
kind levied on or assessed against the Leased Premises and all interests in the Leased
Lease Agreement with
YMCA of Metropolitan Fort Worth IS of 33
Premises and all improvements and other property on them during the Term and any
extension, whether belonging to City or to YMCA. YMCA will pay all the taxes, charges,
and assessments directly to the public officer charged with their collection before they
become delinquent, and, to the extent permitted by law, YMCA will indetrzai& Cltan and
hold it ha=less from acrd against all such taxes cha cs, and assessmen&. YMCA
may, in good faith at its own expense (and in its own name) contest any such taxes, charges,
and assessments and must pay the contested amount, plus any penalties and interest
imposed, if and when finally determined to be due. YMCA's failure to discharge any such
tax, charge or assessment when finally due within ten (10) days after the date City's written
notice is received by YMCA shall constitute an event of default under Article 11 below.
However, YMCA's financial obligation to City to liquidate and discharge such lien shall
survive following termination of this Agreement and until such a time as the lien is
discharged.
ARTICLE 8. UTILITIES
8.41 Payment by YMCA. YMCA, at its sole cost and expense, will incur the cost
to provide all utilities, including, but not limited to, gas, water, sewer, electric, and network
and communication services, for use by YMCA at the Licensed Premises, including, but not
limited to uses for construction, installation, operation, maintenance, repair, or
reconstruction.
8.02 Utility Lines. YMCA shall, at its sole cost and expense and subject to the
prior written approval of Director, have the right to locate necessary utility lines on the
Leased Premises and adjacent property that City has the right to occupy.
8.03 Permanent Utility Imj2rovements,. Any permanent utility improvements shall
become the property of City but shall be subject to YMCA's use hereunder.
8.04 Irrigation System. YMCA shall, if required in connection with the issuance
of City building permits, develop, install, and pay for landscape irrigation equipment to
connect to any existing irrigation system. City will cooperate with YMCA in developing and
designing said irrigation system to avoid coverage duplication and promptly provide
information to YMCA related to the same, including, without limitation, the locations of
existing irrigations system lines and zones.
ARTICLE 9. RESTORATION
9.01 Damage or Destruction. City shall not be responsible, under any
circumstances, for property belonging to YMCA, its members, employees, agents,
contractors, subcontractors, invitees, licensees, or trespassers, which may be damaged,
stolen, or destroyed, and YMCA hereby releases City from any responsibility therefore. If
the Facilities or any other building or improvement constructed on the Leased Premises are
damaged or destroyed by fire or any other casualty, YMCA shall, within ninety (90) days
from the date of the damage or destruction, begin to repair, reconstruct, or replace the
damaged or destroyed Facilities and pursue the repair, reconstruction, or replacement with
reasonable diligence so as to restore the Facilities to substantially the same condition it was
Lease Agreement with
YMCA of Metropolitan Fort Worth 19 of 33
in before the casualty. But, if beginning or completing this restoration is prevented or
delayed by war, civil commotion, acts of God, strikes, governmental restrictions, or
regulations, or interferences, fire or other casualty, or any other reason beyond YMCA's
control, whether similar to any of those enumerated or not, the time for beginning or
completing, the restoration (or both) will automatically be extended for the period of each
such delay. In lieu of reconstructing the Facilities, the parties can mutually agree to declare
this Agreement terminated.
ARTICLE 10. LIABILITY AND INDEMNIFICATION
10.01 Liability of City. CITY SHALL NOT BE LIABLE FOR ANY LOSS,
DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON
OR PROPERTY ARISING FROM ANY USE OF THE LEASED PREMISES (OR
ANY PART OF THEM), OR CAUSED BY ANY DEFECT IN ANY BUILDING,
STRUCTURE, IMPROVEMENT, EQUIPMENT, OR THE FACILITIES ON
THE LEASED PREMISES OR CAUSED BY OR ARISING PROM ANY ACT OR
OMISSION OF YMCA, OR OF ANY OF ITS AGENTS, EMPLOYEES,
LICENSEES, OR INVITEES, OR BY OR FROM ANY ACCIDENT, FIRE, OR
OTHER CASUALTY ON THE LEASED PREMISES OR BROUGHT ABOUT
BY YMCA'S FAILURE TO MAINTAIN THE LEASED PREMISES IN A SAFE
CONDITION.
10.02 INDEMNIFICATION.
(a) YMCA AGREES TO DEFEND, INDEMNIFY, AND HOLD
CITY, ITS OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS,
AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY AND ALL
CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY
KIND, INCLUDING, BUT NOT LIMITED To, THOSE FOR
PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY,
INCLUDING, BUT NOT LIMITED TO, DEATH, THAT MAY RELATE
TO,ARISE OUT OF, OR BE OCCASIONED BY (i) YMCA'S BREACH OF
ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii)
ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF YMCA, ITS OFFICERS, AGENTS, ASSOCIATES,
EMPLOYEES, CONTRACTORS (OTHER THAN CITY) OR
SUBCONTRACTORS, RELATER TO CONSTRUCTION OF THE
FACILITIES 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 CONTRACTOR.
(b) IF ANY ACTION OR PROCEEDING SHALL BE
BROUGHT BY OR AGAINST THE CITY IN CONNECTION WITH ANY
SUCH LIABILITY OR CLAIM, YMCA, ON NOTICE FROM CITY,
SHALL DEFEND SUCH ACTION OR PROCEEDING, AT YMCA's
Lease Agreement with
YMCA of Metropolitan Fort Worth 20 of 33
EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY
SATISFACTORY TO CITY.
(c) IT IS AGREED WITH RESPECT TO ANY LEGAL
LIMITATIONS NOW OR HEREAFTER IN EFFECT AND AFFECTING
THE VALIDITY OR ENFORCEABILITY OF THE INDEMNIFICATION
OBLIGATION UNDER THIS ARTICLE 10, SUCH LEGAL
LIMITATIONS ARE MADE A PART OF THE INDEMNIFICATION
OBLIGATION AND SHALL OPERATE TO AMEND THE
INDEMNIFICATION OBLIGATION TO THE MINIMUM EX'T'ENT
NECESSARY TO BRING THE PROVISION INTO CONFORMITY
WITH THE REQUIREMENTS OF SUCH LIMITATIONS, AND AS SO
MODIFIED, THE INDEMNIFICATION OBLIGATION SHALL
CONTINUE IN FULL FORCE AND EFFECT.
(d) YMCA agrees to notify City promptly upon the receipt of any claim
or lawsuit brought in connection with any injury, death, or damages on the Leased
Premises. YMCA agrees to make its officers, agents, and employees available to
City, at all reasonable times for any statements and case preparation necessary for the
defense of any claims or litigation for which City may be responsible hereunder.
YMCA shall place language in its contract with contractors that contractors shall
notify City as required by YMCA in this subsection.
10.03 waiver of Immu . Nothing herein shall be deemed to constitute a waiver
of any immunity or affirmative defense, which may be asserted by City or YMCA as to any
claim of any third party.
10.04 Cause of Action. Nothing herein shall be construed,in any manner, to create
a cause of action for the benefit of any person not a party to this Agreement, or to create any
rights for the benefit of any person not a party to this Agreement not otherwise existing at
law,
10.05 Use of Plans and Saecifications. Pursuant to the terms of this Agreement,
City will own the plans and specifications. The design professional shall not be responsible
or liable for City's use of the plans and specifications for any other project.
ARTICLE 11. EXPIRATION AND TERMINATION
11.01. Expiration. If YMCA does not wish to renew this Agreement, then YMCA
shall provide the City with 180-days advanced notice prior to the expiration of the Term
then in effect.
11.02 Termination without Cause. This Agreement may be terminated by either
party, with or without cause, by providing the other party with no less than twelve (1?)
months written notice prior to the intended termination date.
Lease Agreement with
YMCA of Metropolitan Fort Worth 21 of 33
11.03 Termination for Cause
(a) Event of Default. The following shall be deemed events of default
(herein so called) by YMCA under this Agreement:
(i) YMCA fails to use the Leased Premises for the purpose of
offering, conducting and operating non faith-based
recreation, wellness, and youth and family programs and
related activities,consistent with other YMCA facilities;
(ii) YMCA makes a transfer in fraud of creditors, or makes an
assignment for the benefit of creditors;
(iii) YMCA vacates any substantial portion of the Leased
Premises for a period of longer than thirty (30) days, unless
YMCA can demonstrate to the reasonable satisfaction of City
that all reasonable efforts are being made by YMCA to
occupy said Leased Premises; or
(iv) YMCA fails to comply with any other term, provision, or
covenant of this Agreement in any material respect.
(b) Curing a Default.
(i) If an event of default occurs, City shall give written notice
that describes the default in reasonable detail to YMCA.
YMCA must commence curing; such default within fourteen
(14) calendar days after the time it receives the notice from
City, and then must complete the cure within ninety (90) days
thereafter or within a time period otherwise agreed to by the
parties in writing.
(ii) If YMCA does not cure the default in a timely manner, City
may terminate this Agreement by giving written notice of the
termination; provided, however, if the default is not
reasonably susceptible to cure within the stated time, City will
not exercise its right to terminate this Agreement so long as
YMCA has commenced to cure the default within the
required time and diligently completes the cure within a
reasonable time without unreasonable cessation of the work
to complete the cure.
11.04 City's obligations Upon Termination or Expiration 17
(a) If the event of default is 11.03(a)(iv) or City terminates for
convenience, as a condition precedent to the right to terminate (whether or not it
results in a non--renewal or termination) the City shall appropriate funds and
reimburse YMCA for the depreciated value of YMCA's contribution to the cost of
construction and design for permanent improvements constructed prior to
December 313 2022 (exclusive of the cost of the YMCA Property for use at the
Facilities), as permitted by the rules and regulations of the Federal Internal Revenue
Lease Agreement with
YMCA of Metropolitan Fort Worth 22 of 33
Service (IRS) as they may change from time-to-time; provided, however, that the
City's obligation to reimburse the YMCA for the depreciated value shall never
exceed One Million Two Hundred Thousand Dollars and No Cents ($1,200,000.00).
The City's obligation to reimburse the YMCA shall not extend beyond thirty-nine
(39) years from the date hereof. Reimbursement for approved permanent
improvements completed after December 31, 2022 will be addressed in any renewal
of this Agreement.
(b) If the event of default is 11.03(a)(i)-(iii), the City shall be under no
obligation to compensate or reimburse YMCA for any improvements to the Leased
Premises.
(c) If YMCA elects not to renew this Agreement or terminates the
Agreement at any time with or without cause, City shall be under no obligation to
compensate or reimburse YMCA for any improvements to the Leased Premises.
11.05 YMCA's Duties Following Expiration or Termination. Following expiration
or termination of this Agreement,YMCA shall promptly remove all of its personal property;
provided, however, YMCA shall not be obligated to remove any fixtures. YMCA shall also
repair any YMCA-caused damage to the Leased Premises, including, but not limited to, any
damage that YMCA causes during removal of YMCA's property, to the satisfaction of the
Director. Following removal of all of YMCA's personal property and repair of any damage,
YMCA shall relinquish possession of the Leased Premises to City.
11.06 Failure to Comply with Post-Expiration or Termination Duties. If YMCA
fails to remove all or any part of its personal property or repair the Leased Premises as set
forth herein, City may, at its sole discretion, (i) remove YMCA's personal property and
otherwise repair the Leased Premises and invoice YMCA for City's costs and expenses
incurred, such invoice to be due and payable to City within thirty (30) days of its delivery to
YMCA; or (ii) following no less than thirty (30) days prior written notice to YMCA, take and
hold any YMCA personal property as City's sole property; or (iii) pursues any remedy at law
or in equity available to City. If YMCA fails to surrender the Leased Premises to City
following termination or expiration, all liabilities and obligations of YMCA hereunder shall
continue in effect until the Leased Premises are surrendered.
11.07 Duties and Obliggtions to Survive Termination or Expiration. No
termination or expiration shall release YMCA from any liability or obligation resulting from
any event happening prior to the completion of all post-termination duties or, if later, the
date on which City exercises the last of its available remedies for YMCA's failure to meet its
post-termination duties.
11.08 other Remedies. Any termination of this Agreement as provided in this
article will not relieve YMCA from paying any sum or sums due and payable to City under
this Agreement at the time of termination, or any claim for damages then or previously
accruing against YMCA under this Agreement. Any such termination will not prevent City
from enforcing the payment of any such sum or sums or claim for damages by any remedy
provided for by law, or from recovering damages from YMCA for any default under the
Agreement. All City's rights, options, and remedies under this Agreement will be construed
to be cumulative, and not one of them is exclusive of the other. City may pursue any or all
Lease Agreement with
YMCA of Metropolitan Fort worth 23 of 33
such remedies or any other remedy or relief provided by law, whether or not stated in this
Agreement.
ARTICLE 12. RECORDS
12.41 Provision of Records. On an annual basis, or at such intervals as may be
requested by City, YMCA shall provide City hard and digital copies of current membership
in the form of electronic statistics, e.g., itemized by zip code, family unit or as specified by
the City, as well as financial, operational and maintenance information related to the Leased
Premises and all other information deemed necessary and reasonable by City and YMCA.
ARTICLE 13. NOTICES
13.41 Notices. Any notice, demand, request, or other communication hereunder
given or made by either party to the other shall be in writing and shall be deemed to be
delivered whether actually received or not,when deposited in the United States mail,postage
prepaid, certified or registered mail, return receipt requested, addressed to the parties hereto
at the respective addresses set out below, or at such other address as they may hereafter
specify by written notice so given.
If to City: If to YMCA:
J
Director YMCA of Metropolitan Fort worth
Parks and Community Services Attn: President/CEO
City of Fort Worth 540 Lamar Street
4200 South Freeway,Ste. 2200 Fort North,Texas 76102
Fort worth,Texas 76115
With a copy to:
Department of Latin
City of Fort Worth
Attn: City Attorney
1000 Throckmorton Street
Fort Worth,TX 76102
ARTICLE 14. GENERAL PROVISIONS
14.01 Right of Entry and Inspection. YMCA must permit City or its agents,
representatives, or employees to enter the Leased Premises for the purposes of inspection;
determining whether YMCA is complying with this Agreement; maintaining, repairing, or
altering the Leased Premises; or any other reasonable purpose. During any inspection, City
may perform any obligations that City is authorized or required to perform under the terms
of this Agreement or pursuant to its governmental duties under federal state or local laws,
rules or regulations.
Lease Agreement with
YMCA of Metropolitan Fort Worth 24 of 33
14.02 Inten2retation. In the event of any dispute over the meaning or application
of any provision of this Agreement, this Agreement shall be interpreted fairly and
reasonably,and neither more strongly for or against any party,regardless of the actual drafter
of this Agreement.
14.03 No Third-Party Ri hts. The provisions and conditions of this Agreement
are solely for the benefit of City and YMCA, and any lawful assign or successor of YMCA,
and are not intended to create any rights, contractual or otherwise, to any other person or
entity.
14.04 No Partnership oroint Venture. YMCA shall operate hereunder as an
independent contractor and not as an officer, agent, servant, or employee of City. YMCA
shall have the exclusive control of, and the exclusive right to, control the work designated to
YMCA to be performed hereunder, and all persons performing the same, and shall be solely
responsible for the acts and omissions of its officers, agents, servants, contractors,
subcontractors and employees. Neither City nor YMCA shall be responsible under the
Doctrine of Respondeat Superior for the acts and omissions of its officers, agents, servants,
contractors, subcontractors, or employees. It is understood and agreed that City is nat
r
involved as a party to any activities that may be carried on by YMCA pursuant to this
Agreement. YMCA acknowledges itself solely responsible for such activities and for all
persons and property involved or used in connection with YMCA's use of the Leased
Premises. Provided, however, that no provision of this Agreement shall operate or be
construed as a waiver by either party of any immunity from liability which it has or could be
asserted under the doctrine of governmental immunity or any other immunity which it has
under lave.
14.05 Declared Emer enc•. In the event of a declared City, state or federal
emergency, YMCA will immediately make the Leased Premises available for use as deemed
necessary by City in order to respond to the declared emergency. The City, in its sole
discretion, may cancel or postpone any scheduled event in the interest of public safety.
Should the declared emergency extend beyond 72 hours, City will seek reimbursement from
federal, state and/or local funding and compensate YMCA. for any lost revenue as a result of
declared emergency use, to the extent funds are received from these sources. YMCA hereby
waives any claim against City for damages by reason of any such rescheduling or
cancellation.
14.06 Force Majeure. If YMCA becomes 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,
earthquakes, fires, floods, restraints or prohibitions by any court, board, department,
commission or agency of the United States or of any States, any arrests and restraints, civil
disturbances, or explosions, or some other reason beyond such YMCA's control
(collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure
Event will be suspended only during the continuance of such event. YMCA will give City
written notice of the existence, extent and nature of the Force Majeure Event as soon as
reasonably possible after the occurrence of the event. YMCA will use commercially
Lease Agreement with
YMCA of Metropolitan Fort Worth 25 of 33
reasonable efforts to remedy its inability to perform as soon as possible. Failure to give
notice will result in the continuance of YMCA's obligation regardless of the extent of any
existing Force Majeure Event.
14.07 Binding Covenants. Subject to the limitations contained herein, the
covenants, conditions and agreements made and entered into by the parties hereto are
declared to be for the benefit of and binding upon their respective successors,
representatives and assigns,if any.
14.08 Invalid Provision. It is agreed that, in the event any covenant, condition or
provision herein contained is held to be invalid by any court of competent jurisdiction, the
invalidity of such covenant, condition or provision shall in no way affect any other covenant,
condition or provision herein contained; provided, however, that the invalidity of any such
covenant, condition or provision does not materially prejudice either YMCA or City in
connection with the rights and obligations contained in the valid covenants, conditions or
provisions of this agreement.
14.09 Assignment and Successors. YMCA may not assign, transfer or otherwise
convey any of its rights or obligations under this Agreement to any party without the prior
written consent of City, which consent shall not be unreasonably withheld or delayed,
conditioned on (i) the prior approval of the assignee or successor and a finding by the Fort
North City Council that the proposed assignee or successor is financially capable of
completing the construction and occupancy of Facility and (ii) the proposed assignee or
successor has executed a written agreement with City under which it agrees to assume all
covenants and obligations of YMCA under this Agreement, in which case such assignee or
successor shall thereafter be deemed "YMCA" for all purposes under this Agreement. An
attempt to assign this contract without the consent of YMCA shall be considered an event
of default.
14.14 Waiver of Tmmunity. If YMCA, as a charitable association, political
subdivision, corporation, entity or individual enterprise, has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damage or injury to property
or persons, YMCA, to the extent permitted by law, hereby expressly waives its rights to
plead defensively such immunity, including governmental immunity, or exemption as against
City arising under this Agreement.
14.11 A licable Laws. The laws of the State of Texas shall govern this license
agreement and the relationship created hereby. 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 North Division.
14.12 SeverabiliM of.Provisions. If any of the provisions contained in this
Agreement shall be held, for any reason, to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability, shall be construed as if such invalid,
illegal, or unenforceable provision had never been contained herein.
14.13 Governmental Powers. It is understood that by execution of this
Lease Agreement with
YMCA of Metropolitan Fort Worth 26 of 33
Agreement, City does not waive or surrender any of it governmental powers
14.14 Ca bons. Captions and headings used in this Agreement are for reference
purposes only and shall not be deemed a part of this Agreement.
14.15 Sole Agreement. This Agreement constitutes the sole and only agreement of
the parties hereto and supersedes any prior understanding or written or oral agreements
between the parties respecting the subject matter.
14.16 Memorandum of Lease. The parties will execute a memorandum of this
Lease in the Real Property Records of Tarrant County,Texas.
14.17 Lim. YMCA covenants and agrees that it shall do no act nor make any
contract that may create or be the foundation for any lien upon or interest in the Leased
Premises. Any such contract or lien attempted to be created shall be void. Should any
purported lien on the Leased Premises be created or filed by reason of any act or contract of
YMCA, then YMCA, at its sole expense, shall liquidate and discharge same within ten (10)
days next after notice of filing thereof; and should YMCA fail to discharge same, such failure
shall constitute a breach of the covenant herein.
14.18 Environment. City has no knowledge of any Hazardous Materials on, under,
over, or about the Leased Premises as of the Effective Date and hereby represents and
warrants that it shall not knowingly, nor permit any third party to use, handle, or store any
Hazardous Materials on, under, over, or about the Leased Premises in violation of any
applicable laws. YMCA shall not handle or store any Hazardous Material on the Leased
Premises, except that YMCA may, in compliance with applicable environmental laws, use
and store (i) Hazardous Materials in such amounts and types that are commonly used in
connection with the rights granted hereunder and (ii) general cleaning materials that may
contain Hazardous Materials. YMCA shall not introduce, use, general, store, accept, or
dispose of on, under, or about, transport across, or permit to exist on the Leased Premises
any "treatment, storage or disposal facility" or "underground storage tank," as those terms
are defined under applicable environmental laws. For purposes of this Agreement,
"Hazardous Materials" shall mean potentially dangerous hazardous wastes, toxic substances,
or related materials, including, but not limited to, pollutants, asbestos, polychlorinated
biphenyl (PCB); petroleum or other fuels (including crude oil or any fraction or derivative
thereo�; underground storage tanks, and substances considered hazardous, toxic, or the
equivalent pursuant to applicable laws. Any Hazardous Material used by YMCA on the
Leased Premises shall be posted on site and a list shall be given to City. YNfCA shall not
create or aggravate any condition at the Leased Premises that could present a threat to
human health or to the environment.
14.19 Com fiance with Laws and Re ulations.
(a) In operating under this Agreement, YMCA agrees to materially
comply with all applicable federal, state, and local laws, regulations, and ordinances,
including, but not limited to, all City ordinances, charter provisions, and rules,
regulations, and requirements of City's police, fire, code compliance, planning and
Lease Agreement with
YMCA of Metropolitan Fort Worth 27 of 33
development, and water department.
(b) YXICA shall materially comply with all Parks and Community
Services Department regulations and policies and shall coordinate with City staff
with regard to use of the Premises.
(c) YMCA shall not knowingly do or suffer to be done anything on the
Leased 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 City calls the attention of YMCA to any such
violation on the part of Yl\/ICA or any person employed by or admitted to said
Leased Premises by YMCA, YMCA will immediately (or otherwise as soon as
reasonably possible) desist from and correct such violation and/or vacate the Leased
Pren7lses.
14.24 Audit. YMCA agrees that City will have the right to audit the financial and
business records of YMCA that relate to this Agreement (collectively "Records") at any time
during the any term of this Agreement and for three (3) years thereafter in order to
determine compliance with this Agreement. Throughout the term of this Agreement and for
three (3) years thereafter, YMCA shall make all Records available to City on 1 000
Throckmorton Street, Fort North, Texas or at another location in City acceptable to both
parties following reasonable advance notice by City and shall otherwise cooperate fully with
City during any audit. Notwithstanding anything to the contrary herein, this Article shall
survive expiration or earlier termination of this Agreement.
14.21 Disi2ute Resolution. If either YMCA or City has a claim, dispute, or other
matter in question for breach of duty, obligations, services rendered or any warranty that arises
under this Agreement, the Parties shall first attempt to resolve these issues through this dispute
resolution process. The disputing party shall notify the other party in writing as soon as
practicable after discovering the claim, dispute, or breach. The notice shall state the nature of
the dispute and list the party's specific reasons for such dispute. Within ten (10) business days
of receipt of the notice, both parties shall make a good faith effort, either through email., mail,
phone conference,in person meetings, or other reasonable means to resolve any claim, dispute,
breach, or other matter in question that may arise out of,or in connection with this Agreement.
If the Parties fail to resolve the dispute within sixty (60) calendar days of the date of receipt of
the notice of the dispute, then the Parties may submit the matter to non-binding mediation
upon written consent of the authorized representatives of both parties in accordance with
Chapter 154 of the Texas Civil Practice and Remedies Code and Chapter 2009 of the Texas
Government Code, then in effect. Request for mediation shall be in writing, and shall request
that the mediation commence not less than fifteen (15) or more than forty-five (45) calendar
days following the dare of request, except upon Agreement of the Parties. In the event City and
.YMCA are unable to agree to a date for the mediation or to the identity of a mutually agreed
mediator-within thirty (30) calendar days following the date of the request for mediation, then
all the conditions precedent in this article shall be deemed to have occurred. The Parties shall
share the mediator's fee and any fling fees equally. Venue for any mediation or lawsuit arising
under this Agreement shall be in Tarrant County,Texas. Any agreement reached in mediation
shall be enforceable as a settlement agreement in any court having jurisdiction. No provision of
Lease Agreement with
YMCA of Metropolitan Fort worth 28 of 33
this agreement shall waive any immunity or defense. No provision of this Agreement
constitutes consent to sue. If the Parties cannot resolve the dispute through mediation, then
either party shall have the right to exercise any and all remedies available under law regarding
the dispute.
14.22 Authorization. By executing this Agreement,YMCA's agent affirms that he
or she is authorized by YMCA to execute this Agreement and that all representations made
herein with regard to YMCA's identity,address,and legal status are true and correct.
14.23 Counterparts and Electronic Signatures. This Agreement may be executed in
several counterparts, each of which will be deemed an original, but all of which together will
constitute one and the same instrument. A signature received via facsimile or electronically
via email shall be as legally binding for all purposes as an original signature.
14.24 No Waiver. The failure of a party to insist on performance of any term or
provision of this Agreement or to exercise any right granted herein shall not constitute a
waiver of a party's right to insist on appropriate performance or to assert any such right on
any future occasion.
14.25 Future Funding and Annual Re-worts. YMCA retains the right to request
consideration of funding in future capital improvement programs sponsored by City. On or
before December 1 of each year this Agreement is in force and effect, YMCA shall provide
City an annual report of progress and programs, operations and capital improvement plans
for the coming year. Furthermore, on or before December 31 of each year this Agreement
in force and effect, YMCA. shall meet with the Director to discuss the required annual
report.
[SIGNAT[JRES APPEAR ON THE FOLLOW PAGE]
Lease Agreement with
YMCA of Metropolitan Fort Worth 29 of 33
EXECUTED to be effective on the Effective Date.
CITY OF FORT WORTH YMCA OF METROPOLITAN
FORT WORTH FORT WOR'T'H
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By• By: -4
S san Alanis Tony hum
Assistant City Manager President/
APPROVED AS TO FORM AND LEGALITY
Tyler F. c h
Assist qty Attorney
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Contract Authorization
M&C # C-25667
Date:June 12,2012
FOFFICCIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Lease Agreement with
YMCA of Metropolitan Fort Worth 34 of 33
Exhibit A
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2eing 2 parcels of sand cut ox a 27A20.9 acre tract of land located in
the Jams W. Wi E l lams Survey,, Abstract�+����o, 1591, in i arrant Ccu�ttY! Texas,
r said tracts being more particularly described in that certain deed from
J. T. iii 1 i iams to the City of Fort Worth, Texas, dated December 6, 1956,
and recorded In Vol. 3060, page 521, Deed Records of Tarrant County, Texas,
said parcels being described by metes and bounds as follows:
PARCEL 1
BEGINNING at a point on the east l sne of said dater Department Tract,
said point being North 0 degrees 16 minutes East a distance of 45.625 feet
from a City of Fart Worth ronumra'A No, 5122;
T4110CE NORTH 33 degrees 40 MiMtes 38 seconds West`a di stance of 578.55
Feet to the p, C. of a curve to the left whose center bears south 5 degrees
19 minutes s0 seconds, and having a radius of SSA.ab feet.
THENCE along the arc of said curve 'Co the left through a central angle of
7 degrees 50 minutes '2g seconds, o distance of 120.84 feet to a point for
a curve to the right. Said point being 1 feet West of an existing fence.
• THENCE angle right 42 degrees 03 minutes, to tiie tangent pf said -urve
whose central angle 1-. 55 degrees 43 minutes and having a radius of 181.23
.�- feet.
THENCE 4.long said curare for a �Jstaaca of 175.24 feet to a point.
THFIC� angle left 47 de r;es 57 minutes to a bearing of North 41 degrees
40 minute;, 'pest.
i�E�►C1" !forth 41 degrees 4u minutes �4est for a distance of 110672 ice¢ to
a point.
THE}ZE South 35 degrees 15 minutes, Wiest for a distance of 18.57 fee*$ to
a point an the a i s ti nag Mater Department fence,
THENCE March D degrees 16 minutes East a distance of 620.5 feet to a point;
said point laying 103.5 feet �at►th of tNe North property line of the Water
Department tract,
i fIENCE South 89 degrees 48 minutes 40 seconds East a distance of 652 feet
to a point in the east line of said Wat r Oepartmtnt tract;
T HPICE South 0 degrees 'SO minutes West along the east line of said Water~
Department tract a distance of 911.15 feet to the place of beginning, and
containing 18 acres core or Bess,
Lease Agreement with 31 of 331
YMCA of Metropolitan Fort Worth
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Lease Agreement with
YMCA of Metropolitan Fort Worth 33 of 33
M&C Review Page 1 of 3
Official site of the City of f=ort Wort�i,Texas
FO�T WO�T��
CITY COUNCIL AGENDA w�
..........
COUNCIL ACTION: Approved As Corrected on 511212012 - ordinance Nos. 20255-06-2012 &
20256-06-2012
DATE: 6112/2012 REFERENCE NO.: C-25557 LOO NAME: 80AAC
CODE: C TYPE: NON-CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Execution of a Lease Agreement with the YMCA of Metropolitan Fort Worth for
the Development, Operation, Management and Programming of the Russom Ranch
Reservoir Site, Formerly Known as the Blue Raider Athletic Field, with a City Contribution
of$500,000.00 from Gas Lease Revenue and Capital Fund, Authorize Transfer of
$500,000.00 from Various Gas Lease Revenue and Capital Funds to the Park Gas Lease
Project Fund, Authorize Waiver of All Construction Permits Fees and Adopt Appropriation
Ordinances (COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the water and Sewer Gas Lease Capital Projects Fund in the amount of$100,000.00 and in the
Capital Projects Reserve Fund in the amount of$300,000.00;
2. Authorize the transfer of$100,004.00 from the Water and Sewer Gas Lease Capital Projects Fund
and $300,000.00 from the Capital Projects Reserve Fund to the Park Gas Lease Project Fund;
3. Authorize the transfer of$100,000.00 from the Park Gas Lease Project Fund, unspecified cost
center, to the Park Gas Lease Project Fund, specific cost center for construction of this project;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Park Gas Lease Project Fund in the amount of$500,000.00;
5. Authorize the City Manager to waive all construction permit fees required for this project; and
5. Authorize the execution of a Lease Agreement with the YMCA of Metropolitan Fort Worth for the
development, operation, management and programming of the Russom Ranch Reservoir Site with a
City contribution in the amount of$500,000.00 from gas well revenues and capital funds.
DISCUSSION:
The purpose of this Mayor and Council Communication is to authorize the City Manager to enter into
a Lease Agreement (Agreement) with the YMCA of Metropolitan Fort Worth (YMCA) for the
development, management, operation and programming of the Russom Ranch Reservoir Site with a
City contribution of$500,000.00 from gas well revenues and capital funds and to adopt appropriation
ordinances.
Russom Ranch Reservoir Site (Site), which is composed of approximately 11.85 acres, is owned by
the City of Fort Worth Water Department and managed by the City of Fort Worth Parks and
Community Services (PALS) Department. The Site was leased to the Blue Raider Athletic
Association, Inc. (BRAA), from February 1951 to August 2010.
The City of Fort Worth entered into an Agreement with the BRAA in February 1961 for the purpose of
conducting public outdoor athletic activities and other programming. In 1998, the PADS assumed the
contract management responsibility from the City's Water Department. The Agreement with BRAA
expired by term in August of 2010.
http://apps.cfwnet.org/council-packet/mc_review.asp`1DD=16691&councildate-6112/2412 14/2/2012
M&C Review Page 2 of 3
In August 2010, the City issued a Request for Qualifications (RFQ) soliciting qualifications from for-
profit and non-profit agencies for the development, operation, management and programming of the
Site currently identified as the Altamesa Athletic Complex. The RFQ was published in the Fort worth
Star-Telegram from August 11, 2010 through September 9, 2010. The YMCA was the sole
respondent to the RFQ. The YMCA's qualifications were reviewed and approved by the selection
committee.
PACS Department entered into a Memorandum of Understanding on June 10, 2011 with the YMCA
for the submission of its proposed plans for funding, development, management, operation and
programming of the Site. The YMCA proposes using the fields for youth sports for children ages 3 to
17, which will include skills clinics, coaches" training, competitive leagues and tournaments.
On March 22, 2012, the Parks and Community Services Advisory Board endorsed Staffs
recommendation to enter into a lease Agreement with the YMCA for the future development,
management, operation and programming of the Site. The initial term of the Agreement will be for 20
years with two automatic renewals of 10 years each, unless the YMCA elects not to renew. Revenue
from the activities of the facility will be used by the YMCA to program, maintain and make additional
improvements to the facilities with the approval of the Director of the PALS Department. Major terms
of the Agreement include a total commitment of$1,700,000.00 to develop the Site, which includes
$500,000.00 from the City and $1,200,000.00 from the YMCA for construction and design costs. The
PALS Department will review and approve all plans for design and installation of improvements at the
Site. All permanent improvements shall belong to the City upon expiration or termination of the
Agreement. The proposed expenditure of the City funds complies with the City of Fort worth's
Financial Management Policy for the use of gas well lease revenues.
Russom Ranch Reservoir is located in COUNCIL DISTRICT 6.
FISCAL INFORMATIONXERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinances funds will be available in the
current operating budget, as appropriated, of the Park Gas Lease Project Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
iD 100 OOO.oo 2-)l 100 000.00
P245 446200 604'149990'100 0282 541200 841929990300
il 100 440.00 ?) $100,000-00
P245 538070 60'1'149990'100 P245 538070 601149990100
(300,000.00 211
GC 10 472001 0'13010001000 GC 10 538044 013010001000 $300000.00
$300,000-00 A)l
GC 10 538040 01301000'1000 0282 541200 806490'193980 $5�0,0D�00
22&3)) $100,000-00
0282 472245 806490193980
2—3) $300,000.00
0282 472010 806490193980 __�
2&3) $100,000.00
0282 446200 806490193980
0282 541200 806490193980
500 000.00
Submitted for City Mana er's office b Susan Alanis (8180)
originating Department Head: Richard Zavala (5704)
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M&C Review Page 3 of 3
Additional Information Contact: Sandra Youngblood (5755)
ATTACHMENTS
80AAC A012 Corrected.doc
80AAC_ 0282 ACS 1 2.(revised).d oc
Russon Ranch Reservior Sitedf
http://apps.cfwnet.org/council—Packet/mc—review.asp?ID 16691&councildate=611212012 10/2/2012