HomeMy WebLinkAboutContract 29709 CITY %0"ECRETARY
CONTRACT NO,
LICENSE AGREEMENT
TARRANTCOUNTY §
STATE OF TEXAS §
THIS LICENSE AGREEMENT is made and entered into by and between the City of Fort
Worth, Texas (CITY), a home-rule municipal corporation situated in Tarrant, Denton, and Wise
Counties, acting by and through its duly authorized Assistant City Manager, and the Fort Worth
Youth Soccer Association, Inc. (LICENSEE), a non-profit Texas corporation, acting by and through
its duly authorized President.
WHEREAS, the Department of the Army is the owner of a tract of approximately
651.91 acres of land and water in the Benbrook Dam and Reservoir area; and
WHEREAS, the Secretary of the Army granted to the City of Fort Worth, Texas, a
license, by written agreement designated as License No. DACW63-1-98-0699, for a period of 25
years commencing on March 31, 1999 and ending on March 30, 2024, to use and occupy said
651.91 acres for parks and recreation purposes; and
WHEREAS, the Fort Worth Youth Soccer Association, hic., has requested that the City
Council of the City of Fort Worth approve the continued use of a portion of said land by the Fort
Worth Youth Soccer Association, Inc. for the purpose of operating a public recreation facility
thereon;
NOW, THEREFORE, City grants a license unto Licensee to use and occupy the following
described property (hereinafter know as the "Premises") for constructing, operating, and
maintaining a public recreation facility.-
A portion, of Pecan Valley Park-, approximately 32 acres, bounded by the
uncontrolled spillway channel on the southeast, by the park limits at the
dam from the uncontrolled spillway channel in a northwesterly direction
to Lakeside Drive and from Lakeside Drive to the uncontrolled spillway
channel,, as shown outlined on Exhibit "A",, attached hereto and made a
part thereof
Any agreement for the use of an additional site or sites by the Licensee may be
accomplished at the discretion of City either by supplemental agreement hereto or by a separate
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license aoreement, requiring the prior written approval of the District Engineer of the Army Corps
of Engineers (ACOE),
2.
As consideration for this License Agreement, Licensee covenants and agrees to pay to City
the sum of One Dollar and No/Cents ($1.00) per year. The payments under this agreement shall
continue to be due and payable on or before October I st of each successive year of this License
Agreement. As further consideration for this License Agreement, Licensee agrees to construct,
operate, and maintain, at its sole cost and expense on the Premises, a public recreation facility
subject to the covenants and conditions set forth in this License Agreement and subject to all
terms and conditions granted to the City of Fort Worth by the Department of the Army in Lease
License No.DACW63-1-98-0699 on file in the office of the City Secretary of the City of Fort
Worth. The public facility may include soccer fields, recreational facilities and a building along
with the necessary adjacent facilities.
3.
This License Agreement is expressly subject to all the terms and conditions contained in the
License Agreement covering the above described property from the Department of the Army of
the United States of America to the City of Fort Worth, and Licensee covenants and agrees to be
bound by and strictly comply with all of the terms and conditions of Lease License No.
DACW63-1-98-0699 (City Secretary Contract 24843), as amended, insofar as they are applicable
t o Licensee's use and occupancy of the Premises.
4.
This License Agreement shall be for a period of ten (10) years commencing on March 31,
2004 and terminating on March 30, 2014, unless termination is exercised by either party pursuant
to the termination provisions expressed herein and provided further that City Secretary Contract
19470 is in full force and effect as of the commencement date. This License Agreement may be
renewed by mutual, written consent of all parties for a period of ten (10) additional years, but in
no event shall this agreement extend beyond March 30, 2024. The terms set forth herein shall
govern and control the relationship of the parties during any renewal period, except that City may
increase or otherwise change the license fee for any renewal period. City reserves the right to
terminate this License Agreement at the end of the term or any successive renewal thereof
regardless of Licensee's intent to renew.
5.
It is expressly provided that City shall have the right to terminate this License Agreement
without cause upon thirty (_30) days written notice to Licensee. It is expressly provided that
Licensee shall have the fight to tenninate this License Agreement without cause on thirty (30)
days written notice to City and the District Engineer of the ALOE. It is understood and agreed
that any rights or interest that the City has in the Premises are contained in this License
Agreement from the Department of the Army of the United States of America to the City of Fort
Worth. Should this License Agreement be revoked, cancelled or ten-ninated for any reason,, this
License Agreement between City and Licensee shall automatically be tern-iinated and cancelled.
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In the event the License Agreement is terminated or Licensee is evicted from the Premises
for any reason, City shall not be responsible for any personal property of Licensee remaining on
the Premises at the time of said eviction or termination, and said personal property shall be
deemed abandoned by Licensee if such remains on the Premises at any time subsequent to the
termination of the License Agreement. On the dissolution of Licensee, this License Agreement
shall terminate by operation of law.
6.
Licensee covenants and agrees that it will not subcontract or assign all or any part of its
rights, privileges or duties under this License Agreement without the prior written consent of City
and the District Engineer, and any attempted subcontract or assignment of same without such
prior consent of City and the District Engineer shall be void.
7.
Licensee is given the right to sell goods and services on the demised Premises with the prior
approval of the Corps of Engineers and the Parks and Community Services Director. It is intended
and understood by the Licensee and City that said concession shall be managed and operated by
and for Licensee, a non-profit organization, acting through its officers and successors in office.
No admission, entrance, and/or user fees may be charged by Licensee for the entrance to or use of
any part or all of the Premises or any facilities constructed thereon, without the prior approval of
the Parks and Community Services Director of the City of Fort Worth and the District Engineer.
The amount of any fees to be charged by Licensee and all rates and prices charged by Licensee for
accommodations, food and services furnished or sold to the public shall be subject to regulations
and the prior approval of the Parks and Community Services Director and the District Engineer.
8.
Licensee shall submit to the Parks and Community Services Director a list of fees, rates, and
prices proposed for the following six months not less than 60 days prior to April 30th and October
31st of each year that this License Agreement remains in effect. Licensee shall furnish
justification for any proposed fee, rate, or price increase or decrease. The Parks and Community
Services Director will give written notice to the Licensee of approval granted for or objection to
an proposed fee, rate or price and will, if appropriate, state an approved fee, rate or price for each
item to which an objection has been made. Licensee shall keep a schedule of such fees, rates, or
prices posted at all times in a conspicuous place on the Premises.
9�
All monies received by Licensee from operations conducted on the Premises, including, but
not limited to, entrance and admission fees and user fees, and rental or other consideration
received from its concessionaires,, may be utilized by Licensee for the administration
maintenance, operation and further development of the Premises, Any such monies not so utilized
by Licensee shall be paid to the District Engineer at the expiration of each five-year period of this
License Agreement. Licensee shall establish and maintain adequate ,records and accounts and
ender an J statements of receipt's and expenditures to the District, Engineer
.1- nua,
Communitv Services Director.
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10.
Licensee covenants and aprees that it will not permit, at any -time, the sale of alcoholic
beverages on the Premises.
11.
Licensee agrees that Licensee will obtain and pay for all necessary permits, licenses and
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taxes incurred or required in connection with the operation of the Premises.
Licensee, subject to the terms and conditions of this License Agreement, will be permitted to
construct facilities and other permanent improvements that may be needed to fulfill the
recreational purposes of said complex. Facilities and improvements will be constructed only upon
prior written consent of City and the Arm-v Corps of Engineers; such consent shall not be
unreasonably withheld. The prior written approval is required for the general design and location
of proposed facilities or improvements by the Parks and Community Services Director of the City
of Fort Worth. All plans and specifications for the construction of the recreational complex,
additional facilities, and other permanent improvements shall require prior written approval of the
Transportation and Public Works Director of the City of Fort Worth and the District Engineer of
the Army Corps of Engineers, Fort Worth District. All plans and specifications must conform to
all local, state, and federal codes, laws, ordinances and regulations now in force or hereafter
prescribed by authority of law, Licensee shall, at its sole expense, obtain all necessary licenses
and permits and all payment and performance bonds. Upon completion and acceptance of
construction, title to all permanent improvements shall vest in the City. Approval by the
Transportation and Public Works Director, the Parks and Community Services Director, or the
District Engineer of the ACOE shall not constitute or be deemed a release of the responsibility
and liability of Licensee, its agents, sen;'ants, employees, contractors and subcontractors for the
accuracy and competency of its designs, working drawings, and specificat'
.1 ions or other
engineering documents. Such approval shall not be deemed to be an assumption of such
responsibility and liability by City for any defect in the designs,, working drawings and
specifications or other engineering documents prepared by Licensee, its agents, servants,
employees, contractors and subcontractors, (it being the intent of the parties that approval bv City
and the An-ny Corps of Engineers be approval of only the general design concept of the
improvements to be constructed). It is expressly understood that Licensee shall be required to
comply with all requirements of the Department of ATTnv as set forth in said City Secretany
Contract 4708, as amended.
13.
Licensee cov(_maits ana agrees mat say recreational complex shall b-.c-, constnucted, operated',
and maintained in Compliance with all laws, ordinances, mdes,, regulations, and specifications of
all federal, state, county, city and other governmental agencies applicable to said Premises now or
hereafter in effect and fall not make or allow to be made atr,, unlawful irnp'lroper, immoral, or
offensiv,--,'_-, use th,%:-Meor
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14.
Licensee in its construction., maintenance occupancy, use, or operation of said recreation
complex or the Premises, shall not discriminate against any person or persons because of race,
age, sex, religion, color, national origin,, sexual orientation or disability. Licensee shall comply
with the Americans with Disabilities Act (ADS) and Minority and Women-owned Business
Enterprises (NIIIN-BE) requirements that would pertain to the City of Fort Worth in the absence of
this License Agreement.
15.
Licensee shall make the soccer fields on the Premises available to other groups as scheduled
by Licensee.
16.
Licensee covenants and agrees that it will not pen-nit the use of loud, abusive, foul, or
obscene language by any person or persons upon said Premises, and that use of such language by
any person or persons upon said Premises shall result in the immediate removal of that person or
persons from the Premises by the licensee, its, members, agents, or employees.
17.
All growth of weeds and other vegetation on said property shall be maintained in accordance
with the current laws, ordinances, rules, regulations, and specifications of the City.
is.
Licensee agrees to maintain the Premises and keep same in good repair at Licensee's sole
cost and expense. All maintenance, repair and upkeep of the Premises shall be in accordance with
all applicable federal, state and local laws, rules, recrulations, and specifications. Licensee shall
neither commit, nor allow to be committed, any waste on the Premises, nor shall the licensee
maintain, commit or permit the maintenance or commission of any nuisance on the Premises or
use the Premises for any unlawful purpose.
19�
lice nsee will do all work and make all -repairs necessary or advisable to keep the surface of
1�1___�, %WI
the Pry S from deteriorating in value or condition and to restore and maintain the Premises and
improvements thereon, excepting norm. al wear and tear. The City shall have the ingfit, through its
a2ents and representatives. to make ins Eions of the Premises for that in. City's
any repairs
sped W I
opinion, are necessary to be performed by Licensee upon the Premises. Unless othenvise
sped ficall v agreed to n wrting by the Cltv. Lj
censee covenants and agrees that it will commence
repairs within sixty (60) days from the date that not-ice from the City is mailed to the Licensee,
Repairs will be made in an expeditious and work-m aril i-KCmanner. In the event that Licoens%,---.-.e shall
faill to undertake Siuch revairs within the time provided,, it is understood and agreed that City may,,
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within its discretion, make such repairs as it mav deem necessary, and Licensee shall pay the cost
of the repairs upon demand by City following the completion of such repairs.
20.
Collection and -prover disposal of trash, garbacre, litter and debris will be the responsibility
of Licensee, at its sole cost and expense.
21.
At all times during the term of this License Agreement, City shall have the 11'aht. through i
Z:� Zn its
agents and representatives, to enter into and upon the Premises dun'ng reasonable business hours
for the purpose of examining and inspecting the same for the purpose of determining whether
Licensee shall have complied with all of its obligations hereunder in respect to the use of the
Premises.
22.
Licensee agrees it has inspected the Premises and does hereby accept possession of the
Premises in their present condition and warrants that it has found them suitable for all purposes
under this License Agreement, free of any hazards or dangerous conditions that would be
unsuitable for a place where large numbers of the general public are expected to gather.
23,
Licensee accepts the property herein described subject to all previous 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. Licensee understands that this land is crossed by overhead and underground electric
distribution and transmission lines and related facilities and mav in the future be crossed by
additional lines.
24.
Licensee covenants and agrees that City shall in no wav nor under any circumstances be
responsible for any property belonging to Licensee its members emplovees, agents,, contractors,,
subcontractors, invitees-, licensees, or trespassers, which may be stolen, destroyed. or in any wav
aamaged, and -T,---iC-ensee hereby rode mni-Lies and holds han-niess. City t-rorn alnid against any and all
Such claims. The City does not guarantee police protection and w,111 not be 'Liable for anv loss or
damage sustained bv Licensee. its me b%,,IS, employees, atyents., contractors, subcon'tractors.
invitees, licensees, or trespassers on the Premises,
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T.
25.
LICENSEE COVENANTS AND AGREES TO AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS
AND DEFEND CITY, ITS OFFICERS� AGENTS� VOLUNTEERS� AND EMPLOYEES AND THE
DEPARTMENT OF THE ARMY, ARMY CORPS OF ENGINEERS, FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE, LOSS AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS,, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED ARISING OUT OF OR IN CONNECTION WITH DIRECTLY OR
INDIRECTLY THE MAINTENANCE, USE, OCCUPANCY-w EXISTENCE OR LOCATION OF SAID DEMISED
PREMISES, WHETHER OR NOT CAUSED, IN W14OLE OR IN PART, BY THE ALLEGED NEGLIGENCE
OF OFFICERS, AGENTS, VOLUNTEERS. EMPLOYEES 2 CUSTOMERS, CONTRACT
SUBCONTRACTO ICENSEES., OR INVITEES OF C AND LICENSEE HEREBY ASSUMES ALL
LIABILITY AND RESPONSIBILITY OF CITY,, ITS OFFICERS, AGENTS, VOLUNTEERS, AND
EMPLOYEES AND THE DEPARTMENT OF THE ARMY, ARMY CORPS OF ENGINEERS FOR ANY AND
ALL SUCH CLAIMS OR SUITS. LICENSEE, SHALL LIKEWISE INDEMNIFY AND HOLD THE CITY
HARMLESS FOR ANY AND ALL INJURY OR DAMAGE TO SAID PREMISES, WHETHER ARISING OUT
OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LICENSEE,, ITS OFFI
AGENTS1 VOLUNTEERS, EMPLOYEES, CON TRACTOR&L-SUBCONTRACTORS, LICENSEES, INVITEE
PATRONS,-OR TRESPASSERS, OR CAUSED,,_IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE
OF OFFICERS,, AGENTS, VOLUNTEERS,. ................EMPLOYEES, PATRONS, CONTRACTORS,
SUBCON TRACTORS 1 ICENSEES., OR INVITEES OF CITY,
26.
Licensee shall pay promptly when due all bills or charges for construction or maintenance as
well as any other amounts due for materials, services and labor furnished in connection herewith,
and shall indemnify City for non-payment of same. Licensee shall indemnify City against any and
all mechanic's liens or any other type of claims or liens imposed upon the Premises an'sing as a
result of Licensee's conduct or inactivitv,
27.
Licensee avrees that if it is a charitable organization. corporations, entity or individual
enterprise having, claiming or entitled to any immunity, exemption (statutory or other-wise) or
limitation from and against liability for dama'ae or injury to property or persons under the
provisions of the Chan'table Immunity and Liability Act of 1987, C.P. R.C., § 84.001 et se q., or
other applicable law, that Licensee hereby expressly waives its right to assert or plead defensively
any such immunity or limitation of lab ilitv as acrainst City.
Licensee shall, prior to the execution of this License Agreement, procure-, pay for, and
maintain the following insurance written by companies approved by the State of Texas and
acceptable to the City. The insurance shall be evidenced by delivery to City of executed
certificates of insurmice andflor certified copies of policies as deter-nine d bv City, Licensee
covenants and agrees to obtain and keep, in 1'o-.rce during the ter rn of this Lk-lense Agreement
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Comnillerc.i.,211 1GY-C,-neral, Lllabillitv 'InSur ant e inc luaing Personal I 'ur�y, T b4Jv
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Contractor's Liabilitv and Contractual Liability covering, but not lim'ted to the I*abil'
I ity assumed
under the indemnification provisions of this License Agreement, with limits of liability for Bodily
Injury (including death) and Property Damage of not less than One Million Dollars (SL000,000).
Coverage shall be a Combined Single limit Per Occurrence basis and the policy shall include
Broad Form Property Damage Coverage with an insurance company satisfactory to the City. The
City of Fort Worth shall be named as an Additional Insured.
The insurance policy shall include the following:
The term, of insurance is for the duration of this License Agreement.
The policy" shall require that thirty (30) days prior to cancellation or any material
changed in coverage, a notice shall be given to City by certified mall;
3) Insurers shall have no right of recovery or subrogation against the City of Fort
Worth, it beinp, the it that the insurance policy shall protect all parties to the
agreement and be primary coverage for all losses covered by the policies-
4) Company issuing the it 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) The terms "Owner", "City", or "City of Fort Worth" shall include all authorities,
Boards, Bureaus, Commissions, Divisions, Departments, and Offices of the City
and the individual members, employees, and agents thereof in their official
capacities and/or while acting on behalf of the City of Fort Worth; and
6) The policy clause "Other Insurance" shall not apply to any insurance coverage
currently held by City, to any future coverage., or to City's self-insured retention of
whatever nature.
Licensee hereby waives subrogation rights for loss or damage against the City, its officers,
agents., and employees for personal injury(including death), property damage, or any other loss.
I
Licensee shall not do or permit to be done anything in or upon any portion of the Premises,
or bring or keep anything therein or thereupon which will in any way conflict with the conditions
of any insurance policy upon the Premises or nay 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 night of other tenants of the Premises, or injure or an-no y them.
The City may terminate this License Agreement immediately upon failure of the Licensee to
provide acceptable documentation of insurance as required by this Section.
Certificates of insurance evidencing the above required insurance shall be presented to the
CitV prior to execution of this License Agreement and annuall-Y by the expiration date shown on
the insurance certificate.
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The City of Fort Worth Shall, be named as an Additional Insured on iic-ensee's insurance
vements thereon. A]] insurance and insurers for
policies of the insurance required herein shall be acceptable to thrl-. City of Fort Worth, Licensee
shall require any and all sub-liCensees to maintain liability insurance at the limits specified herein
for the licensee, and licenseefs insurance shall provide coverage for any and all sub-licensees in
the event any sub-licensee fails to have insurance %-.-,ov era ge in effect -if a claim arises out of their
op roduct dehlvervf or anv othi2tr action attrioutam
%.'Tations., proaucts, P e to a sub- ens
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29.
Licensee shall conduct all activities on the Premises as an independent contractor, and not as
an officer, agent, servant or employee of City; Licensee shall have exclusive control of and the
exclusive right to control the activities performed on the Premises and all persons performing
same and shall be responsible for the acts and omissions of its members officers agents'.
employees, contractors, subcontractors licensees and invitees; that the doctrine of respondeat
superior shall not apply as between City and Licensee, its members, officers,, agents, volunteers,
employees, contractors, subcontractors licensees,, and invitees; and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
30.
Licensee shall have the right to erect signs in compliance with all federal, state and local
statutes, ordinances, rules, regulations and specifications, displaying the facilities and the
sponsorship of the activities by the Licensee, subject to the prior approval of the Parks and
Community Services Director and the District Engineer.
31.
Licensee shall, at its sole cost and expense and subject to the prior approval of the Parks and
Community Services Director and the District Engineer, have the night to locate necessary utility
lines on the Premises and adjacent property that City has the right to occupy.
32,
Licensee 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 Premises, and any such contract or lien
attempted to be created shall be void. Should any purported lien on the Premises be credited or
filed by reason of any act or contract of Licensee. Licensee, at its sole expense, shall liquidate and
d'schar
I I ge the same within ten (10) days after notice of filing thereof-, and should Licensee fall to
discharge same, such failure shall constitute a breach of this License Agreement,
33.
Licensee covenants and agrees that in the event of a breach of any covenant contained herein
by Licensee, then and in that event. the City may, at its option declare this License A eement
?, gr
forfeited and terminated as to the balance of the term-,
On or before the date of expiration of this license or its cancellation by Litcl_:.ensee, Licensee
shall vacate the Premises, remove all propertv of Licensee there from and restore the Premises to
a condiL1011 satisfactory to the Parks and Community Services Director and the District Engineer.
If the Ci-tv revoKes this License Agreement, License:(W- shall vacate the Premises, remove said
propertv, and restore the Prern-Ises within such t11r_T �1 as th-,.-=, D-Ist-Irict, Engineer and thi-, Per's and
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Community Services Director of the City of Fort Worth shall reasonably designate. In either
event, if Licensee shall fail or neglect to remove said property and so restore the Premises, they
said property shall become the property of the United States,, without compensation and no claim
for damages against the United States or its officers or agents shall be created by or made on
account thereof
1
The waiver by the City of any default or breach of a term, covenant or condition of this
License Agreement shall not be deemed to be a waiver of any other breach of that term, covenant
or condition or anv other term, covenant or condition of this License Agreement, regardless of
when the breach occurred.
36,
All notices shall be sent to City at the following address.-
Parks and Community Services Department
4200 South Freeway Suite 2200
Fort Worth, Texas 76115
With copy to:
Sarah Fullenwider
Assistant City Attorney
1000 Throckmorton Street
Fort Worth, Texas 76102
All notices to Licensee shall be sent to the following address.-
Fort Worth Youth Soccer Association, Inc.
P.O* Box 122294
Fort Worth, Texas 76121
Mailing of all notices pursuant to this Section shall be deemed sufficient if mailed postage
prepaid and addressed as specified above, unless either party has been notified in wri-ting of any
cham4es. All time periods related to any notice requirements specified in this License AgTeement
shall commence either on the date notice is mailed, or on the date notice is received by the party
to who it is sent dependina on the terms specified in the Section requirincr the notice,
If the Prern-Ises or any portion thereof shall be destroyed or dam, aged bv fire or other calam. it-v, so
as to prevent the use of the Premises for the purposes and dun'ng the periods specified in this
License Agreement or if the use of the Premises by Licensee shall be prevented by act of God,
strike, lockout, maten'al or labor restriction by any governmental authority, civil riot, flood, or any
other like cause beyond the -Control of 'the City then this License Agreement shall term'
Ij� inate and
1-icensee hereby waives anv claim atcyaw'nst C'ty tbr damac-,,es bv reason of such tf I I
I= at
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38.
Subject to the limitations contained herein, the covenants, conditions and agTeements 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.
39.
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 Licensee or City in connection with the rights and obligations
contained in the valid covenants, conditions or provisions of this License Agreement.
40.
This written instrument constitutes the entire License Agreement by the parties hereto
concerning this License Agreement and the Premises and the obligations of the parties and any
prior or contemporaneous oral or written agreement that purports to vary from the terms hereof
shall be void. This License Agreement cannot be modified or amended without the written
consent of all the parties hereto and attached and made a part of this License Agreement.
41.
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
comp ,v with all terms, provisions, covenants, and conditions of this contract. Assignment or
subletting of this License Agreement shall not relieve Licensee from any of its obligations under
this License Agreement.
42.
This License Agreement shall be c..rovemed bv the laws of the State of Texas. Venue for any
action brought to interpret or enforce, or arising out of or incident to, the terms of this License
Ag shall btc., in Tarrant Countv. Texas or th.e United States District Court for the Nofthern
greernent
D I Fort Worth Divis-,kon.
�stri-,--'t of Texas',
T
IN WITNESS WHO OF the said parties have hereto set their bands and sea.] of office to
duplicate originals on this � day of �:� ���;� �a 2 0 Ok.-rf
CITE' OF FORT WORTH FORT WORTH T K CCER
d y zg
. By*
A
Libby Wag'6r, Ass scant City Manager Da .d Aldrich
>'5 ,r
ATTEST:
:N -
Seeretar ;.y. Corporate Secretary
ED AS TO FORM AND LEGALITY:
David Yett, City Attorney
Date
By-
Sarah Full er w der, Assistant City Attorney
U. S. Army Corps of Engineers, Department of Army, does hereby consent to and approve the
above License Agreement.
U. S. ARMY CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
Bobby J. p
Acting Chief, Real Estate Division
f ✓
STATE OF TEX-AS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned.. a Notary Public in and for the State of Texas, on this day
personally appeared, David Aldrich of the Fort Worth Youth Soccer Association, Inc., known to
me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
Z.n
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that the same was the act of the Fort Worth Youth Soccer Association, Inc., and that he''she
executed the same as the act of such Association for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDMHAND AND SEAL OF THE OFFICE this the
day of 2003.
-Qv,
TERI CAIN Notary Public in and for the State of Texas
NO: TA-R
Y PUBUIC
83 a o Texas
txp, f 1-30-2003 My Commission Expires.
STATE OF TEXAS §
COUNTY OFTARRANT §
BEFORE ME the undersigned,, a Notary Public in and for the State of Texas. on this day
personally appeared, Libby Watson, Assistant City Mar of the City of Fort Worth,
W %- known to
me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
f
that the same was the act of the said City of Fort Worth, and that he/sbe executed the same as the
act of such Department for the purposes and consideration therein expressed, and in the capacity
therein stated.
GIVEN, UN DER MY HA-D AND SEAL OF THE OFFICE this the
day of
ROSELLA BARNES Notar-v Public in and for the State of, Texas
NOTARY PUBLIC
Ve C t:xp state of Texas
-omm Mv Commission Expires,
-31-2005
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STATE OF TEXAS
SS
COUNTY OF TARRAN ` }
BEFORE ME, a Notary Public in and for the jurisdiction
above show, personally appeared the within named. BOBBY J.
CAMP, Acting Chief or the Real Estate Division, United
States Army corps of Engineers, Fort Worth District, on
behalf or the United. States of America, and known to me to
be the person whose name is subscribed to the foregoing
instru ment by virtue or the above cited authority and
acknowledged to me that she executed the same in such
capacity for the purposes and consideration therein,
expressed.
Given under my hand and seal this � day or
2004 .
KENNETH ,PRICE
Notary PUbliC,� � - o r Public, State of Texas
® Commission Expire
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August 12,20& Mir commission expires
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City of Fort Worth, Texas
Mayor and Council CO unication
COUNCIL ACTION: Approved on 12/9/2003
DATE: Tuesday, December 09, 2003
LOG NAME: 80S000ER REFERENCE NO.: **L-13 `22
SUBJECT:
Authorization to Enter into a Revised License Agreement with the Fort Worth Youth Soccer
Association for Use of the Pecan Valley Park Soccer Fields
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a revised License
Agreement with the Fort Worth Youth Soccer Association for use of the Pecan Valley Park Soccer fields
through March 20, 2024.
DISCUSSION:
The Fort Worth Youth Soccer Association (FWYSA) currently uses a portion of the Pecan Valley-Longhorn
Park area leased to the City by the U.S. Army Corps of Engineers (COE), under License No. DACW63-1-
98-0699 and City Secretary Contract No. 24843, as approved by the City Council on March 30, 1999 (M&C
L-12468). The agreement with the COE expires on March 30, 2024. If authorized by the City Council, the
term of the new agreement with the FWYSA would coincide with the City's agreement with the COE.
The current agreement between the FWYSA and the City (City Secretary Contract No. 19470, approved by
the City Council on September 8, 1992, M&C C-13527), provided for an initial term of ten years, followed by
10 automatic one-year renewal periods, and specifically limited the term to June 31, 2012. Thisetas done
to coincide with the previous agreement between the City and the COE for lease of the Pecan
Valley/Longhorn Park area.
Upon authorization, the new agreement will have an initial term of ten years with one 10-year renewal
option which will coincide with the City's new agreement with COE expiring on March 30, 2024. The current
agreement with FWYSA will remain in full force and effect through March 30, 2004, and the new agreement
will commence March 31, 2004. The FWYSA is responsible for maintenance and operation costs and any
capital improvements.
The FWYSA has requested that their agreement be extended to provide the FWYSA with a longer, more
definite term in order to improve their ability to seek Capital Improvement Program funding. This request is
appropriate in view of the ongoing youth soccer program conducted on the leased premises, and the City`S
long relationship with the FWYSA, Other r include updating the indemnification
clause and increasing the amounts of general liability and property insurance required, These changes will
protect the City from loss should damages be awarded. The lease fee is $1.00 per year.
Pecan Valley-Longhorn Park is located in COUNCIL DISTRICT 3.
FISCAL INFORMATIONXERTIFICATION.
The i-inance Director certifies that this action will have no material effect on City funds.
Logname: 80SOCCER Page I of 2
TO Fund/Acgount/Centers FROM Fund/Account/Centers
Submifted for City Mann er's Office bv*- Libby Watson (61 83)
Orsc Randle Harwood (Acting) (5704)ratinci Deoartment Head: I
Additional Information Contact.. Sandra Youngblood (5755)
Logname'. 80SOCCER Page 2 of 2