HomeMy WebLinkAboutContract 28453-A2 CITY W� v W
AMENDMENT AND RESTATEMENT' OF
CITY SECRETARY CONTRACT NO. 28453, AS AMENDED OR RENEWED!,.
A LICENSE AGREEMENT
BETWEEN T HE CITY OF FORTWORTH AND COLONIAL COUNTRY CLUB
THIS AMENDED AND RESTATED .LICENSE AGREEMENT ("Agreement") is
made d'� � � into d� + 2 1 , y and between the
City old Fart Worth, a borne-rule municipal corpor ation ("City" acting by and through Its duly
authorized assistant City Manager, and the Colonial Country Club, a Texas nonprofit
corporation,on., l.oc, ted at 373,5 Country Club Circle, F*o rt Worth, Texas (''Licens,ee"') acting by and
through its duly authorized representative.
WHEREAS, the City is the owner of a tract of land located at 1500-2000 Colonial
Parkway, Fort Worth, Texas and known as Forest Park, which is depicted can the attached Exhibit
"A" and incorporated herein by reference
WC ERFJ--AS, on March 18, 2003, City entered into a license agreement with Licensee,
the same being Fort Worth City Secretary Contract Number 28453 ("CSC 28453");
WHEREAS, CSC 28453 provides the Licensee with use of a certain portion o Forest
Park, for the purpose of providing ancillary services and related activities for the annual Colonial
PGA. Tour Golf"Tournament, an event that provides many benefits to the City, including7 but not
limited to, annually attracting thousands of visitors and tourists and providing a positive
ec onornic impact.:
WHEREAS, the primary term of CSC 28453 expired on June 15, 2007, and the parties
have ,agreed to six aimuu,al renewals CSC 37083, CSC 28453-011) 28453-021 28453-R3.3 28453.
R41) 28453-R5);
WHEREAS, the City and Licensee wish to continue with this relationship and desire to
amend, CSC 284,53 in its entirety to, among other things, revise the term and fees associated with
such agreement; and
WHEREAS, on April 9,, 2 13, the Fort Worth City Council approved M&C C-26195,
which authorized this, Agreement.
WHEREAS, for and in consideration of the use of the Premises and the performance of
the mutual covenants and ,agreements herein contained and in consideration of the payment by
the Licensee to the City, the City and I,icensee mutually covenant and agree that City Secretary
OFFICIAL RECOM
License Agreement with C to la1 n I��� � s R E ���� l f 23'E IV E 0, MAY 2 12013
Fjr fro �I
28453,, as amended and renewed, is hereby amended and restated in its entirety to read as
follows:
1. PREMISES
City hereby agrees to license to Licensee the use of a certain portion of Forest Park, the
same being located in Fort Worth, Tarrant, County, Texas, and being depicted on Exhibit "'B"
("the Premises") attached and incorporated herein for all purposes incident to this Agreement, for
the purpose of providing ancillary services and related activities for the annual Colonial PGA
Tour Golf" ournament ("Gol tournament").
2. TERM AND TERMINATION
(a) Term. Unless teri-ninated earlier, the primary to of this Agreement shall
consist often (10)1 annual license periods of forty-five (45) consecutive days from May Is' to
June 151h of each calendar year (commencing, in 2013), with options to renew on an annual basis
by mutual written agreement between the City, and Licensee, The Licensee must notify the City
in writing no later than ninety (90) days prior to the beginning of each annual license period of
Licensee's intent to use the Premises under the terms of this Agreement.
(b) Termination Without Cause. This Agreement may be terminated by either
party without, cause by providing the other party with no less than six (6) months written notice
prior to the intended termination date. Any notice oil'termination hereunder must comply with
Section 20 of this Agreement.
(c) Termination For Cause. Dither party may terminate this Agreement
immediately by providing written notice to the other party in the event of failure by the other
party to perform any covenant, condition, or term of this Agreement and such defaulting party
fails to diligently pursue a cure thereof to its completion after thirty (30') days' written notice
s *fy* h failure of perfon-nance or default.
peci ing such i
(d) Nonuse of the Premises. In the event that Licensee should not require the use of
the Premises for a given license period, this Agreement may still continue in full force and effect
for the remaining term (including any renewals) if'Licensee does the following:
(i) Licensee must notify the City in writing no later than thirty (30) days prior to
the beginning of the annual license period for which Licensee is not going to
use the Premises; and
License Agreement with Coionjal Country Club 2 of'23
00 Licensee must pay the annual License Fee, then in effect, in accordance with
the terms of this Agreement.
(iii) In the event that Licensee rneets the requirements for nonuse of the Premises,
Licensee shall have none of the obligations imposed upon Licensee under the
terms of this Agreement (other than payment of the annual rental) for that
particular nonuse license period nor shall the City have any duties imposed on
it tinder the ten-ns of this Agreement for that particular nonuse license period
other than the road closing as set out in Paragraph 3(e) below, but Licensee
shall not have waived its right to use the Premises under the terms of this
Agreement for subsequent license periods nor shall Licensee have waived any
renewal options as provided herein.
3. R.ENTAL,'FEES
(a) As an express condition of the Licensee's obligation to pay the License Fee, all
sums received by the Parks and Community Services Department (and/or the City) and Streams,
and Valleys, Inc. will be expended in carrying out Parks and Community Services Department
purposes as directed by the City of Fort Worth Parks and Comn-iunity Services Director and as
set forth in a contract between the City and Streams and Valleys, Inc., which is attached hereto
and incorporated herein for all purposes incident to this Agreement as Exhibit "C."
(b) Annual I,icense Fee ("License Fee")
(1) Years 2013 — 2017
A. Licensee shall pay a total annual license fee of Twe�nty-Seven
Thou,swid Six Hundred Seventy-Five Dollars and No Cents
($27,675.00), of which Two Thousand Five Hundred Dollars and
No Cents ($2,500.00)i shall be paid directly to the City and the
remaining "I"'wenty-Five Thousand One Hundred Seventy-Five
Dollars and No Cents (25,175.00) to be paid directly to Streams
and Valleys, Inc.
(11) Years 2018 —2022
A. Licensee shall pay a total annual license fee of Twenty-Nine
Thousand Five, Hundred Dollars, and No Cents ($29,500.00), of
License Agreement with Colonial Country Club 3 of 23
which Two Thousand Five Hundred Dollars and No Cents
($2,500.0 ' shall be paid directly to the City and the remaining
Twenty Seventy Thousand Dollars and No Cents (27',000.00) to he
paid directly to Streams and Valleys, Inc.
ii 1) Renewal Periods (Years 2023 and beyond)
A. Unless otherwise agreed to In writing by the parties, Licensee shall
continue paying the License Fee under the same terms and
`�A
conditions set forth in Section 3(b)(i].A.
(c) 'Unless otherwise specified by this Agreement, all payments shall be, made to the
City and Streams and Valleys, Inc. on or before the thirtieth (30) day following the last day of
each annual license period for the Golf Tournament.
(d) The City reserves the right to reallocate or reapportion payment of the license fee
between itself and Streams and Valleys, Inc., in any manner for any reason it deems necessary
in its sole discretion.
(e) As Further consideration for Licensee paying the License Fee, the City shall close
that portion of Rogers Road starting, at Colonial Parkway on the south and ending at the parking
entrance that is located on the west side of Rogers Road just beyond the Trinity River overpass
bridge preceding the apartment building on the north, to all vehicular traffic that is not under the
exclusive control of Li censee from 7:00 a.m. until p.m. during the entire week of the
annual Golf Tournament (beginning Monday of the Golf Joumarnent week and continuing
through Sunday of the Golf Tournament week).
40 CONDITIO F PREMISES
(a) Licensee shall take the Premises as the Licensee finds it. Licensee has examined
the Premises prior to the execution of this Agreement and is satisfied with the physical condition
of the Premises for the purposes related to this Agreement. Taking possession of the Premises,
by the Licensee for the license period shall be conclusive evidence of its receipt of the Premises
in a safe, sanitary and acceptable condition and in good repair, except for those conditions that
are not in good repair which tie Licensee provided City written notice of and which City failed
to reasonably correct.
License Agreement with!C loinial,Country Clu,b 4 of 23
(b)l Licensee, at Licensee's own expense, shall keep the Premises and maintain
equipment and + t, e""" properties ' "
p yes cif the City n a safe, sanitary and acceptable condition and in
good repair. Licensee shall restore and yield said Premises, e ui merit and all other properties,
� �
belonging to the City back to the City at the expiration of each armual license period
tenninati n of this Agreement in good or better condition,, ordinary wear and tear excepted as
existed at the commencement of.this Agreement and in which Licensee found them.
(c) Licensee will pay the costs of repairing to its condition immediately preceding
the occurrence of such damage) any damage which may be done to the Premises or any of the
fixtures, structures, or the natural environment by any act of Licensee or any of .licensee'a
employees, agents, officers, or anyone visiting the premises upon the invitation of the Licensee
including the patrons of the attraction or function for which Licensee hereby is leasing the
Premises. "l"he City shall determine, in its reasonable judgment, whether any damage has been
done, the amount of the damage, the reasonable costs of repairing the damage, and whether,
under the terms of the Agreement, the Licensee is responsible. City shall provide L icensee with
documentation of alleged damages and costs to repair such damage. In the event of dispute of
alleged damages and costs to repair such damage, the parties agree to mediate before seeping
other re.l-nedies, with each side bearing the costs of mediation equally. In no event shall either,
party be responsible for any legal fees of the other party associated with mediation.
(d) Any damage by the licensee or ethers incident to the exercise of privileges herein
granted shall be repaired or replaced by the Licensee to the reasonable satisfaction of the City
within -thirty 3 days of receipt of written notification frorn the City.
(e) City does not relinquish the night to control the management of'the Premises, or
the right to enforce all necessary and proper rules for the management and operation of the same.
City, through its Manager, Parks and Community Services Director, police and fire personnel.
d other designated representatives, has the right at any time to enter any portion of the
Premises (without causing or constituting a termination of the use or an interference of the use of
the Premises by the f icensee) for the purpose of inspecting and maintaining the same and doing
any and all activities necessary for the proper conduct and operation of public parrs; provided
this shall not authonize or empower City to direct the activities oaf the licensee or assume, liabi
5. USE OF PREMISES.
(a) No later than thirty (30) days prior to each annual license period, Licensee shall
submit a site plan to the Parks and Community Services Director and/or its designee ("Director")
indicating the lacement of all structures, buildings and/or appurtenances. All site plans must be
approved by the Director prior to Licensee placing any structures, buildings and/or on the
Premises. The irector shall review the site plans within ten (10) days of receipt and advise
Licensee o objections to the plans as submitted.
(b) All temporary structures, buildings and/or appurtenances of any kind placed on
said Premises in connection with the Golf Tournament shall be removed and the ground area
cleared no later than the last day of the annual license period. Licensee must obtain written
approval from the Director prior to Li`censee placing any permanent i,niprovements on the
Premises. City shall have the exclusive right, title and interest in all permanent structures and
improvements constructed by Licensee on the Premises.
(c) Any additional electrical or utility service required by the Licensee shall be
b
furnished at the sole expense of the Licensee. Licensee must obtain written approval from the
Director, prior to placing any pen-nanent utility improvements on the Premises., Any permanent
utility improvements shall become the property of the City at the end of each annual license
Period.
(d) No structures, buildings and/or appurtenances of any kind shall be placed on said
Premises within the drip line of any trees unless approved by the Director.
(e) Parking areas shall be for support and official vehicles only. No parking lots or,
areas shall be used for general paid or unpaid parKing unless approved by the Director.
(1) No decorative or other materials shall be nailed, tacked, screwed or otherwise
physically attached to any part of the Premises of the City without the consent of the City.
6. COMPLIANCE WITH LAWS AND REGULATIONS.
(a) It is agreed that Licensee will comply with all federal, state, and local laws,
statutes including all ordinances, charter provisions, rules and regulations of the City of"" Fort
Worth in connection with this Agreement and use of said Premises and any other regulations of
any municipal authority of the City of Fort Worth which apply to the Licensee's, use of the
Premises as contemplated by this Agreement.
I.Jeense Agreement with Colonial Country Club 6 of 23
(b) Licensee shall comply with all Parks and Community Services Department
regulations,, policies, and specific requirements for the Golf' Toun-mment and shall coordinate
with City staff with regard to use of the Premises.
(c) Licensee will not knowingly do or suffer to be done anything on said Premises
during the terms of this Agreement in violation of the laws., statutes, ordinances, rules,
regulations, charter provisions, directives or requirements referenced in paragraphs (a) and (b) of
Section 6, of this Agreement. If the City calls the attention of Licensee to any such violation on
the part of said Licensee or any person employed by or admitted to said Premises by Licensee,,
Licensee will immediately desist from and correct such violation and/or vacate the Premises.
(d) Licensee shall obtain and pay for all necessary permits, licenses, and taxes from
any governmental agency with jurisdiction thereof and to pay lawful taxes in connection with the
use of the Premises and -the associated Golf Tournament.
7. INDEMNIFICATION,
(a) LICENSEE COVENANTS AND AGREES TO AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXP ENS K, CITY, ITS
OFFICERS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL
INJURY, INCLUDING,, BUT NOT LIMITED TO, DEATH,, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCAS�SIONED BY
(1) LICENSEES BREACH OF ANY OF THE TERMS OR PROVISION OF THIS
AGREEMENT OR (11) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF LICENSEE, ITS OFFICERS, AGENTS, ASSOCIATES,
EMPLOYEES, CONTRACTORS, INVITEES, PATRONS, OR SUBCONTRACTORS.
LICENSEE, LIKEWISE COVENANTS AND, AGREES TO, AND DOES HEREBY,
INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL
INJURIES, DAMAGE, LOSS OR DESTRUCTION TO PROPERTY OF' CITY DURING
THE PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS
CONTRACT CAUSED BY ANY NEGLIGENT ACT OR OMISSION OR
INTENTIONAL MISCONDUCT OF LICENSEE, ITS OFFICERS, AGENTS,
License Agreement with(I.7olonial Country Club 7 of 2,3
ASSOCIATES, EMPLOYEES, CONTRACTORS� INVITEES, PATRONS,, OR
SUBCONTRACTORS.
(b) IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST
THE CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM FOR WHICH
LICENSEE IS TO INDEMNIFY THE CITY, LICENSEE, ON WRITTEN NOTICE FROM CITY,
SHALL DEFEND SUCH ACTION OR PROCEEDING,AT LICENSEE'S EXPENSE.
(c) Licensee covenants and agrees that City shall in no way nor under any
circumstances, be responsible for any property placed on the Premises belonging to Licensee its
members, employees, agents, contractors,, subcontractors, invitees, licensees, or patrons that may
be stolen, destroyed, lost, or m any way damaged, and LICENSEE HEREBY INDEMNIFIES
AND HOLDS CITY HARMLESS FROM AND AGAINST' ANY' AND ALL CLAIMS
RESULTING THEREFROM. The City does not guarantee police protection and will not be
liable for any loss or damage sustained by Licensee, its members, employees, agents, contractors,,
subcontractors, invitees,, licensees,, or patrons.
(d) Licensee agrees to and shall release City from any and all liability for injury,
death,, damage, or loss to persons, or property sustained or caused by Licensee, its members,
employees, agents, contractors, su contractors, invitees, licensees, or patrons in connection with
or incidental to performance under this Agreement.
(e) Notwithstanding anything to the contrary herein, the indemnification
obligations of Licensee as provided by this Section 7 shall survive the expirafion or earlier
termination of this Agreement as respects any. facts giving rise to such indemniffication
obligations that arise prior to the expiration or earlier termination of this Agreement.
8. INSURANCE.
Prior to the time Licensee is entitled to any right of access to or use of the Premises,
Licensee shall procure, pay for and maintain the following insurance written by companies,
approved by the State of 'Texas and acceptable to City. The insurance shall be evidenced by
delivery to City of' executed certificates of insurance and/or certified copies of policies as
determined by City. Licensee shall not be required to procure, pay for, and maintain insurance
for any license period where the Licensee pays the annual, rental fee but elects not to use the
Premises.
License Agreement with Colonial Country Club 8 of 23
I-, ce see covenants and agrees to obtain and keep in force during each license Period d of
this Agreement, Commercial General Liability Insurance, Including Personal Iqjury Liability,
Independent Contractors Liability and Contractual Liability covering, but not limited to, the
liability assumed under the indemnification provisions of this Agreement, with Ili-its of liability
for bodily ly injury (including death) and property damage of not less than One e M ill on Dollars
($,2,000,000) All
($1,000,000�), with aggregate ate ��` not ���� than ��� Million Dollars
insurance pol cies shall include the following:
01 The term of insurance is for the duration of each License Period, which includes
the period from the right of access to set-up through the period allowed for removal of property;
2 The policy shall require that thirty (310) days prior to the cancellation or any
material chan ,e in coverage, a notice shall be given to City by certified mail
3) Insurers shall have no right of recovery or subrogation against the City of Fort
i p it Mein the intention that the insurance policy protect all. parties, to the Agreement
Worth shall
and he primary coverage for all losses covered by the policies,
4) Company issuing the insurance policy shall have no recourse against the City of
Fort Worth for payment of any premiums or assessments for any deductibles which all are at the
sole risk. of Licensee;
5,) "Owner", "City" C f Fort Wort
The terms veer �t� or +��t� shall include all authorities,
Boards, Bureaus, Commissions, Divisions, Departments,ts, and Offices of the City and the
individual members, employees and agents thereof ire their official capacities ardor while ;acting
on behalf of the City of Fort Worth,.; and
6) The policy clause `''Other Insurance shall not apply to any insurance coverage
currently tl held b City, to a future coverage, or to City's self insured retenti
.� o of whatever
nature.
7 The City, its off cia s employees, agents and officers shall be endorsed as an
Addit or ai Insured" to all policies except Employers Liability coverage.
8 Coverage shall he a Combined Single Limit it Per Occurrence ce basis and the policy
shall include Broad Form. Property damage Coverage with an insurance company satisfactory to
City. 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.
9), .Automobile Liability Insurance shall provide coverage on any automobile,
including and defined as automobiles owned, hired and nor owned with a One Million Dollar
($1,000,000) combined single limit per accident or $250,000 property Damage e and $500,000
Bodily Injury per person, per occurrence.
License Agreement with Colonial Country Club 9 of 23
10) All policies shall be written by an insurer with an A-,-VIII or better rating by the
most current version of the A. M. Best Key Rating Guide or with such other financially sound
insurance carriers acceptable to the City.
11) Deductibles shall be listed on the Certificate of Insurance and shall be on a "per
occurrence" basis unless otherwise stipulated herein
12) 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.
13) Certificates of Insurance shall be delivered to the City of' Fort Worth, 10,010
Throckmorton Street, Fort Worth, Texas 76102, evidencing all the required coverages, including
endorsements.
Licensee shall further provide liquor liability insurance with coverage limits in the
amount of one million ($1,000,000) dollars each occurrence with a two million ($2,000,000)
dollar aggregate limit, adding the City its officials, employees, agents and officers shall be
endorsed as an "Additional Insured
Licensee hereby waives subrolgation rights for loss or damage against City, its officers,
agents and employees for personal in*ury (including death), property damage or any other loss.
Licensee shall not do or permit to be done anything in or upon any portion of the
,1 i 1 *11 11 i
Premises, or bring or keep anything therein or thereupon which will n any way conflict with the
conditions of any insurance policy upon the Premises, or any part thereof, or in any way increase
the rate of fire insurance upon the Premises or on property kept therein., or in any way obstruct or
interfere with the right of the other tenants of the Premises, or injure or annoy them.
The City may terminate this Agreement immediately upon the failure of-the Licensee to
provide acceptable documentation of insurance as required by this Agreement, provided,
however, the City will first give Licensee notice and a reasonable time (but in no event less than
two weeks prior to the beginning of the license period)to,provide the necessary documentation.
License Agreement with Colonial Country Club 10 of 23
9. WAIVER OF IMMUNITY,
Licons agrees that, i it is a charitable organization, co r corporation, entity or individual
enterprise having, claiming or entitled to any immu nity, 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 1987,87, C.P. I .C., § 84.001 et seq., or
other applicable law, that Licensee hereby expressly waives its right to assert or plead
defensively any such immunity or limitation of liability as against City.
10. RESPONDEAT SUPS R
'l he doctrine of respondeat superior shall not apply as between the Licensee and City and
nothing contained in this Agreement shall be deemed to constitute City and Licensee as partners
or joint venturers with each other, nor shall the l.icensee be considered to be an agent,
representative or employee of the City. Licensee shall have the exclusive control, of and the right
to control its employees and the details of its operation on the Premises,ises and shall be solely
responsible for the ,acts and omissions of its officers, agents, employees, contractors and
subcontractors.
11. IC iSCRIMINATIO
Licensee agrees that, during the use of the Premises, Licensee will not subject anyone to
discrimination in any way or exclude anyone from the premises or deny the benefits of the
Premises to anyone because of the person's race, creed, color, sexual orientation, religion,
disability, national origin, age, i`amina.l status, transgender, gender identity, or gender expression.
12 SECURITY PERSONNEL.
(a) Licensee shall furnish security personnel in such number and manner as
prescribed day the City. Licensee hereby assumes sole responsibility for any and all acts or
omissions by its security personnel in the performance of their responsibilities hereunder, and
LICENSEE AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR PERSONAL INJURY RISING OUT OF OR IN CONNECTION WITH
SECURITY PERSONNEL.
License Agreement with Colonial Country Club l l of 23
Licensee shall provide, at its sole expense, any necessary traffic control for the
Golf Tournament.
(c) Licensee shall be responsible for furnishing, at I.,,icensee's expense, all emergency
medical services necessary during each annual license period. Licensee shall provide, at
Licensee's expense, for the number of dedicated standby ambulance units at the Premises as may
be required by the City and shall use the City's current licensed provider for this purpose.
13* AssIC,NMENT.,
Licensee shall not assign this contract nor suffer any use of the Premises other than
herein specified, nor sublet the Premises or any part thereof without the written consent of City.
If assigned per the written consent of the City, Licensee agrees to ensure that any assignee or
sublessee will comply with all terms, previsions, covenants, and conditions of this contract.
Assignment or subletting of this Agreement shall not relieve Licensee from any of its obligations
under this Agreement.
14. ENTIRE AGREEMENT.
This written instrument constitutes the entire Agreement by the parties hereto conceming
this Agreement and the Premises and the obligations, of the parties mid any pri,or or
contemporaneous oral or written agreement which purports to vary from the terms hereof, shall
be void.
OW
i d Z�. AMENDMENT.
This Agreement cannot be modified or amenc I led without the written consent of all the
parties hereto and attached and made a part of this Agreement.
M. AGoREEMENT BINDIN(;*
I
'This Agreement shall be binding upon and insure to the benefit of the parties, hereto and
their respective heirs, executors, administrators, legal representatives, successors and 'their
assigns, except as otherwise provided in this contract.
17. CHOICE,OF LAW- VENUE.
This Agreement shall be governed by and construed in accordance with the law of the
State of Texas. Venue shall be in the state courts, located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
License Agreement with Colonial Country Club 12 f 23
18. FORCE MAJEURE.
If either, Party is unable, either, in whole or part, to fulfill its obligations under this
Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public
enemies; wars; blockades!- insurrections; riots; ep,ide�mics; public health cri'ses; earthquakes; fires'
floods, restraints or prohibitions by any court, board, department, cornmission, or agency of the
United States or of any state; declaration of a state of disaster or of emergency by the federal,
state county, or City government in accordance with ap licabile law* issuance of an Imminent
Tlueat Alert or Elevated Threat Alert by the United States Department of Homeland Security or
any equivalent alert system that may be instituted by any agency United States, any arrests and
restraints, civil disturbances, or explosions', or some other reason beyond the Party's reasonable
control (collectively, "Force Majeure Event" , the obligations so affected by such Force Majeure
Event will be suspended only during the continuance of such event. If a Force Majeure Event
occurs, the City may, in its sole discretion, close or postpone the opening of its community
centers, parks, or other City-owned and operated properties and facifities in the interest of public
safety and operate them as the City sees fit. I-.icensee hereby waives any claims it may have
against the its for damages resulting from any such Force a eure Event.
19. SEVERABILITY.
In case any one or more of the provisions contained in this Agreement are held to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenf'orceability
shall not affect any other provision hereof and this contract shall be considered as if such invalid,
illegal or unenforceable provisions were never contained herein.
20. NOTICES.
All notices required or pennitted 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 wrl* vtln . Any notice so given shall
4-�
be deemed to have been received when deposited in the United States mail so addressed with
postage prepaid:
License Agreernew with Colonial Country Club 13 f 23
CITY-
Director
Parks and Community Services
City of Fort Worth
42010 South Freeway, Ste 2200
Fort Worth, Texas 76115
COPIES TO:
Department,of Law
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas, 76102,
LICENSEE..
COLONIAL COUN]"RY CLUB
AT-rN: PRESIDENT
3735 COUN]"RY CLUB CIRCLE,
FoRT WORTTI,TEXAs 7 6110:9
2,10 AUTHORIZATION.
By executing this Agreement, Licensee's avert affirms that he or she is authorized by
Licensee to execute this Agreement and that all representations made herein with regard to
Licensee's 1 )s identity, address an legal status (corporation, partnership, indivictuail, etc. are true
,and correct.
[SIGNATURES APPEAR ON THE FOLLOWING AGE]
I-Acense Agreement with Colonial Country Cl'ub 14 of 23
EXECUTED on this tee of ptc.-4, 2013�.
CITY OF FORT WORTH COLONIAL COUNTRY CLUB
'10
00"
T1% By-
Dy.
us an Alan is Name: Vance Minter
ssistant City Manager Title: Colonial Club President
Approved as to for and legality:
,top
Tyler F. Wallach
Assistant City Attorney
ATTE,
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ATTF
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'ry
a y ayser
'C S
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t
* y Seccrr
etary
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Contract Authorization.*
M&C: C-261915
Date-, April 9, 2013
OFFICIAL RECORD
RE ORD
Y
C]
CITY SECRETARY
L.7
a W0jFtT TX
License Agreement with Colonial Country Club FT* WORTH,TX t o�f 23
STATE 01F TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Susan Alan s, Assistant City Manager, know to me to be the
person whose name i's subscribe to the foregoing instrument, and acknowledged to me that the
same was the act of the City of Fort Worth and that he executed the same as the act of the said
City of Fort Worth for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
11
W�d 2013.
LINDA M!.HIRRUN3E]R
MY COMMISSION EXPInESj
Feb m"2,2014
I INS I memo Notary Public in and for the State of Texas
STATE OF TEXAS
COtJNTY OF T
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared authorized representative for
Colonial Country Club, known to me to be the person whose name is subscribe to the foregoing
instrument, and acknowledged to me that the same was the act of the Colonial Country Club and
that he executed the same as the act of the said Colonial Country Club for the purposes and
A
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEA[, OF OFFICE this the day of
2013.
Pamel(,,i 1% V,irtoi
Notary Public in and for the State of Texas,
41
2 16
06- 0 2,
License Agreement with Colonial Country Club 16 of 23
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EXHIBIT
C CITY .
1�2 VOAW'
COMPRAM NO.
CONT'RA('11" BETWEEN THE
CITY OF FORT W'ORT" AND
Sl"RE'AMS AND VALLEYS, INC.
This Contract is reads a d entered it°rt grid between the City of c-,rt`�l� Worth, a hoes-
ru,l municipal corporation f the State of�` `V xas, located within ithir rr�r t are Denton Counties,
(hcreinafter referred to as "Cit " and Str arras, arid Valleys, Inc., a Te -rs nonprofit corporation
(hereinafier t ared tc c"'rs � �).
In c n i d eras i o rr fOr the c o c nant s cr rrd , r-same n t h ere .l .t- set .o rth, i t is mittially ag,�r ed
a s fr. I 10 W
1. ("ity and the of onial Country y C lU bi ('4'(,'"C") have entered into a license agreement
whereby the City has provided the CCC tf-IC Use of ert in portion of park lad located r t seat
of the eastern ropet-t line of "01 r1i 11 ...OU1111-Y Cl t ,, more commonly known as Forest Park, for
a period of forty-five consecutive day's each c aJen c r. year for ter 10 annual license periods for
the ptirpose of providing ancillary services .rid rehated activities during the annual, Colonial G
Tour iol[. otirrr r r ent..
In exchange ge for the license to use Lhis portion of park 1 nd, VI has agreed to, pay all
an-riwal license fee to the City in the following i-nannerm
a. Years 1 3-20 1. .' ' ' will pay all annul license fee of Twenty-Seven,
'Yhmsand Six Hundred Seventy-Five Dollars and No Cent-'s ($27X675.00), of
which Tvvo 1.hous nd Five, Hundred Dollets arid. No Cents ($2,500.00) shall
be paid directly to the City, and the i-cmaining T i enty- liive Thousand d One
HUndr eci my-1""i, 1 ll rxs and No Cents (25,175.00) to, be paid directly to
S&V
. 2018-2022 CCC will pay are annual license fee of Tw rrty-Nirr
Tho-us r d Five Hundred Dollars candy No Cents ($29,500.00 , of Which Two
'Thousand 11"i e Hr.ndred Dollars and No Cents ($2,500.00) shall be paid
directly to the "its' and the remaining Twenty-Seventy `r`11011s nd Dollars and
No Cent s (27,000.00) to he paid directly to &V.
. Renewal Pcriods - LJn1css otherwise agreed to in lArriting y and the Cit �
CCC will continue paying tl-re license fee as set forth in 2(b),
3. S&V hereby agrees th . aJ1 sui"�rs collected lµr(,)rTr the Colonial Country Club �r�' use f that
portion of pf--irk land known n rs 1"orest Park shall be expend ed c:rl ly for CalTying out Parks, and
.OMMUn i ty Services Depart nt �.'PA e SD" -m-poses oil dedicated park 1and or land Crider the
jUrisdiction of the ,..1.wr maj,"i t Reg,,Jonal Water D i strict.
A—orecincrit with S(rearns&Valleys,, tricl OFFICIAL RECORD
CITY SECRETARY
FTm WORTH,TX
LLRJ C E I V E D MAY 2 0 2013
4. All expen.ditures proposed by S&V involving the` LISC of' said J'ees, paid by the Colonial
Country (I'lub under the heense agreen-tent Nvith, the shall be subi,-Fitt ed ill writing to the
'PACSD or that person designee or 1-cpreselItative ("Director") and shall be appro�ved in wrng
prior to the use of any portion of the funds for any reasor),
5. All funds received by S&,V shall he expended on a schedule Cas mutucally agreed Upon by
the City and any S&V. Any ft-inds not cxp end ed during the calendar year in which they are
received shall rollover for use, in the next ca-lendar year I.And be earmar-ked for the purpose of
carrying out PACSD's purposes on dedicated park land or land under the jurisdiction, of the
I'ar-rant Regional Water District.
6. "I'he City of' Fort Wortf-i reserves the right to terminate this agreement imnicdiately,
shotild any one or combination oFthe following occur-
a., The license acilreement betNve.en, the City and Colonial Cou,ntry Club is terminated
for any reason.
b� S&V fall s to obtcun approval from the Director for the expenditures of any portion
of the artrival rcritcal .lees paid by the C(-)Ionial Club.
C, S&V expends ,.ink` portion of rn,omes received from Colonial Country Club for any
nUrpose (Aher Itian carrylllg (Alt PACED purposes on dedicated park land or land
F
Linder the jurisdiction ofthc "I'Lar-rant Regional Water District,
7. Termination f this Agreement xvitlIOUt cause may ble by either party upon thirty (30)
days written notice. Said termination notice slic,111 be considered rendered when placed in the
United States Postal Service for deliver)/ to the other party, L-lpon tern-r.ination, the parties shall
be released frorn all obhga�t)Orls c0ritained in Agreement except for the Indernnifi cation section in
paragraph 8, below.
1W "REFS '10 AND DOES t-114"IZEBY INDEMNIFY
8. S&V COVENANll'S AND ACr
1-10I.J.) IIARIMLESS AND DEFEND, All" ITS OWN EXPENSE, CITY, ITS OFFICERS,
S:SR VAN"I'S AND EMPI,OYEES, FROM' AND AGAINNST ANY AND ALL CLAIMS OR
SUI'I`S FOR ALL LIABILI"I"t', DEMANDS, CLAIM SACTIONS, LOSSES, INTERESTS,
FROM AND AGAINSJ ANY AND ALI., Cl-,AIVIS, OR stf,rrs FOR PROPERTY LOSS
OR DAMAGE ANDJOR PERSO,NAI-., INJUJRY, INCLUDIV,'Y' DEATH, T0 ANY AND
ALL PERSONS, OF WHATSOEVEA KIND OR C'H,ARAC"-rER,, WHE'll"HER, RE AL OR
ASSERTED, AR-ISING OUT OF 'I TIE WORK AND SERVICES TO BE PERFORM'ED
I I E R-Et"N'D 11.�4,R BY S&VI 11-S OFFICERS, AGENTS, EMPLOVFES,1
J
S1 I T B(--`ONTRACTORS, LIC*EXI-iFES OR INVITEES, WHETHER OR NOT CAUSt"41), IN
ji 1 4! 11
WHOLE OR IN I"AR"'I", 13Y THE ALU',(`j",D N1'-.GL1(1'XENC.t` OF "I"HE OFFICERS.,
SERVAN-I,'SE,MPLOYF '11N AND TO TUIE -EXI'ENT PERMIrrED BY
LAW', SAID S DOF*,S IIE11EBY C"OVENANT AND AGREE TO INDEMNIFY,
DE,FEND, AND HOLD HARNTLESS CITVI IT'S OFFICERS, SERVANTS AND
EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR
Agreement vvith�treams& Valleys-, hic a4-�
DAMA,CYE AND/Olt PERSONAL INJI.JRY, INC1,UDIN(I" DF.,A-1-14, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR, C11AR_AC'TER,I WHETHER REAL OR
ASSER4114A), ARISIM"J" OL-T OF, THE VVORK AND SERVICES TO BE, PERFORMED,
FIER-EUNI)ER BY S"FREAMS AND I I-A,E,Y S, INC., ITS OFFICERS, AGENTS,
EMPLOYEES, OR SUBCONTRACTORS, Will 114]011-1 ER OR N(.)"F CAUSI,ED, IN WHOLE
"'(1,11,1GENCE OF '141L OFFICLRS, SER ANT.,
ORIN PART Y EI A1,LEG,EJD NE
OR EMPLOYEES OF "am CITY. 1`0 TIJE FX`1`E..NT PERM,IT"FEA) BY' LAW, S&V
LI'Mi",WISE COV111"NAN"I'S AND ACREES J'O, AND DOES HE'RE"IBY, INDEM,NIFY
AND 1,1011.,,,D f1,AR,M1,,,,ESS CITY FRONI AND AGAINST ANY' AND ALL INJUMES,
DAMAGUI., LOSS OR DESTRIX.ASON TO PROPERJ'Y OF CITY DURING THE
1)f:,IIFORMANCE OF ANY OF 411E '11".RNIS AND COND11".11ONS, OF T'His,
CON"FRACT, W11FTII,ER AR.ISINGY 01,51, OF IN WHOLE O1ZIN' PAR`1`,, ANY' AND
4 4"RS, Cjr
41 j
ALL AL111.,,,1"'GED ACTS OR OMISSIONS OF OFFICI I R FMP1.,.j0QYEES OF ry,
9. It is understood a c-loreed that the rel<ationshipi of' S&V to (."'.ity shall be that of' all
itidependent contractor for ,��,fll purposes a
cind in reIg rising
r d l to al matters at' out of this, Hicense
c1grcelTiellt, S&V shall operate eunder as an itidepienclent contractor and not as an agent,
represicntative or employee of the City. S&V shall have exiclusive control o and the exclusive
right to co trio its ern ploys les cUld the det-cads of its operations on the licensed premises and Shall
bIe solely responsible f7or the cactsand onlissions of" its off i1ccrs,, agents, ern,j)loyees con
, tractors
and subcontractors. The doctrine of"' respondeat superior shall not capply as between S&V and
City, its officeirs, z,,igents, en,iployees, contnaclors tand SUbcontrit"ictors, and tiothing Ilerein shall be
con,strued as creatinoi p,,L'1rtnershil) orj(,,�int crit,erlirise between S&Vand C"Ity.
C�
10, Any assignmetit, transfer or tem to d trlansl`er or assignment of" this agreement to any,
P
other person, firm, or eti tit y shall be void unless tile, City previmisly approved such assignment or
transfer. Upon reassignment, the ,, pOrSO, firtli, or entity shall, ZISSUrne all rights, duties and
obligations possessed by S Ulldel- this agrecaient.
11 . This Agreement is the final, entire and complete A gFeenient betwcen S&V and the City
and supersedes any prior and negotic" ings, represe I o ns,
c itions understand' ntat
zind/or agreements between the. parties.
12. This Agreement sh,all be constmed in liord all e %Niiith the laws of the State of . .ex s*
ileqWtViarisin
Excltis]'VC VellUe, for any lawsLjits or actioms (')f"he'i'w or i iiii` g hieremider sfiall be in, state
comis located in "I"arrant ("o u,I'll N', -Fex,-(,is or the United States District Court for the Northern
District of"I"exas, Fort Wooll Divisloll.
13. Sandra, Youngbiood will he tile represellt-MIA'IC for ine 11ACSD in regard to the
implenientation: of thIS, 8gl-CerliCllt ZITICI for el'IS'Llring, con,iplianfie with all' ternis, and, conditionsI
at 81 17392-5755.
IL d C
thereof. This, individual may be contacte
14. Signau,lre bclow indicL,,ltes agi-eci,nent I (acceptance of t1le tabove tierms and conditiorl.s.
Oric fully executed coj)y of thcsigned AgreetnCrit is to be rettirned to PACK).
Agrcemcnt with Stri�Larns& Valleys Inc,
3 owf-
15, The contract executed by the City and S dated March 18, 2003, pursuant to M&C C-
1,9397 concernIng the use of a portlon, o�f funds generated by the CCC is hereby terminated and
superseded by this Contract.
F.xecuted on this the d-ay of 20 t 3
CITY OF FOR WORTH S`REA.MS AND VALLEYS, INC.
By. B
S u an, Alarils,
sistant City Manager Title-
Approved as to, form and legality-
Tyler . ac
l h
i
Assistant City At,tomey
ATTEST'-.
Ile
0000
Z
-i y
co)
Kayser 0 a
00 0
City Secretary 10*
Contract,Authorization,.,
M&C.- C-26195
'Date- April 9, 20113)
Agmement wiL�Sfrcams&ValICYS,fne OFFICIAL RECORD]
CIT'Y SECRETARY
FTo WOHTH�TX
M&C Review Pagel of
Offi cial s,ite of the City r0 f Fort Woith, Texas,
FORTWoRTit
CITY CVHU"1N(*43vL Ab'ENADA
COUNCIL ACTION:. Approved As Amended on 4/9/2013 - Ord"inance No. 210695-04-20113
9 **C-216195 LOG NAME: 80C�CCSV
DATE 4/9/2013 REFERENCE, NO..-
CODE: C TYPE; CONSENT PUBLIC HEARING.1 NO
SUBJECT: Authorize Execution of an Amendment and Restatement olf'City Secretary Contract No.
28453 Between the City of Fort Worth and Colloin:lial Country Club and Streams and
Valleys, Inc., for the Use, of Forest Park and Adopt Appropriation Ordinance (COUNCIL,
DISTRICT 91)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of an Agreement with Colonial Country Club for the: use of a portion of
Forest Park for a 45-day period related to the annual golf tournament in May,
A,14L�04 r"Wa IR *L 1 a i op aa iq,47 Q iA A o r.——Paq—R i i i si I- Q i ice, Iq 04 140 11 ja I%a —IM 1.0 opp"pi 4.1qQ QWQ_
2. /-Am 4.1 INJ I 14N., 1.1 1015i eXeeUL I NJ I I '%J:I CAI 1 r-A�j I I I UK-,I I L VV I L I I %..;L1 1�o-191`fls 191 1 U V U I I i-,Y-;�I III%J.I
(L);Z
I 11-'ZZr 01", f2o iia-wa 114 0 Ime a 1A A_4j'0qjq A-97*L_jQ J,I IqpjjQ jqjQjqjQI%g2 I jap4 L-1%flq- A A pl-janq a IM4 4.gq Iq ga 04op-pt a OA 40q I A%-i-A
%Wz_1 WI V',V%J' CA11111UGMY 1.4-.2 CA fJWI ILIWII W1 ILI Mi LJ)f LIM-, I.W LJIV.,- L%JVV"IU
IQ 0 A A 142 iq-J a iq-J r-I A 0 IQ 01 Q im Ical,-j oc RLM I -ftd
HcAl rXIcAl I%A c;AI 1%,A I I V%ol %Ajl I I%Ai%. 'evef"Orl IL%?l CA
2. Authorize the execution of an agreement with Streams and Valleys, Inc. concerning the use o!f'a
I
portion of the funds generated by the Colonial Country Club agreement;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Park Improvements Fund in the amount of$2,500.00.
DISCUSSION.,,
On December 17, 20021 (M&C C-193 7 the City Council authorized the City Manager to enter into
an Agreement (City Secretary Contract No. 28453)with Colonial Country Club (Colonials) providing it
with use of a portion of Forest Park for the purpose of providing ancillary services and related
activities for its annual golf tournament. Under that Agreement, Colonial paid annual amounts of
$25,000.00, of which the am�ouint of 2,500.00 went to the City and the amount of$22,5010.00 went to
Streams and Valleys,, Inc. (S&V). The City also executed a related Agreement with S to control
the use of the funds paid to S&V, earmarking those funds for park and trail improvements along the
Trinity River.
The City and Colonial wish to amend and restate the current contract and continue their
relationship. The term of this Agreement shall consist of 10, annual liicense periods! of 45 consecutive
days-from May 1st to June 15th of each calendar year(commencingin 2013),, with options to renew
on an annual basis by mutual written Agreement,. 'The Parks and Community Services Department
(PACS)and Coll�onliall have agreed to increase the license payments in conjunction with this
amendment and restatement. The total payment for the period 2013 - 2017 shall' be in the amount of
$27,675.00 and for the period 2018 - X022 shall be in the amount of$29,500.00. Payment shall be
disbursed between the City and S as follows.
Fiscal Year 2013 - 2017: the amount of$2,500.00 to the City; the remaining amount of
$251175.00
shall be disbursed to S&V-,
Fiscal Year 201'8 - 2022: the an cunt of$2,500.00 to the City; the remaining amount of
$27,000-00
http://a.pps.cfwnet.org/counc'l
1 _packet/mc—review.asp?ID—1 8103&councildate-4/9/2013 5/23/2013
M&C Review Page 2 of 2
shall be disbursed to S,&V.
The City is seeking authorization to enter into an Agreement with S&V, which is similar to the above-
referenced AgreIernent,, restri'cti'ng the use of the funds to be paid to S&V under the Colonial
Agreement. The Agreement with S&V would reqlui!re that all fees disbursed to S&V shall be
expended solely for carrying out PACS, purposes on dedicated parkland and trail improvements along
the T'rinity River.
This facility is located in COUNCIL DISTRICT 9�.
FISCAL IN FORMA TION/CERIOIFICA'TIO,N,,-IN
The Financial' Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds,will be available in the
current capital budget, as appropriated, of the Park Improvements Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
I C1881 488100, 080188300112 0.00
C1 88 522030, 08018830,0120 $2,500.00
Submitted' for City Mp,nager's Offige by-.*I Susan Alani:s (8180)
Oriiginat"MgL Cie party ent Head: Richard Zavala (5704)
Additional' Information Contact: Sandra Youngblood' (5755)
ATTACHMENTS
80CCCSV A01 3 (rep).doc
Colonial: Lease Site.pdf
Forest Park Aerial Map.jod
http-.//apps.cfwnet.org/c cil_packet/mc—review.asp?ID==18103&council date=4/9/201 31 5/23/2013