HomeMy WebLinkAboutContract 58824CITY SECRETARY CONTRACT
Noo 5ss24
THIS AGREEMENT is signed on this 23ue day of P4" 4y f 2023 , to be effective as
of October 1, 2023 (the "Effective Date"), by and between the City of Fort Worth (the "City"), a
home rule municipal corporation of the State of Texas, and the Fort Worth Zoological Association,
a Texas nonprofit corporation (the "Zoo Association"):
WITNESSETH:
WHEREAS, the City is a municipal corporation existing under the Constitution and laws
of the State of Texas and by home rule Charter; and
and
WHEREAS, the Charter of the City vests all powers of city government in its City Council;
WHEREAS, the City owns a tract of land for the benefit of the public which is known as
Forest Park ("Forest Park"); and
WHEREAS, the City has dedicated certain portions of Forest Park to be used for the
development of the Fort Worth Zoo (the "Zoo"), the boundary of which has been approved by the
City Council by adoption of City Ordinance 10261 and is specifically defined and depicted in the
metes and bounds and map attached, which attachments are appended as Exhibit "A" hereto and
incorporated herein by reference; and
WHEREAS, the boundary of the Zoo has been in existence since 1989 and this Agreement
reaffirms such existing Zoo boundary; and
WHEREAS, the Zoo Association is a nonprofit corporation of the State of Texas which
was organized in 1950 as a citizen support group whose mission has been to assist the Zoo in
operational, educational and developmental growth for the benefit of all Fort Worth citizens; and
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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WHEREAS, the Zoo Association is governed by a Board of Directors made up of volunteer
citizens who are elected by the Zoo Association and who are interested in the Zoo and its programs;
and
WHEREAS, the City and the Zoo Association have been parties to a series of contracts
pursuant to which the Zoo Association has provided financial and management services to the
Zoo; and
WHEREAS, the City and the Zoo Association are currently parties to the certain City
Secretary Contract No. 40564 dated as of June 14, 2010, as amended; and
WHEREAS, since 1991, the Zoo Association has demonstrated dedication and excellence
in its stewardship of the Zoo, and the Zoo has thrived during this period; and
WHEREAS, under the management of the Zoo Association, the Zoo has been ranked as a
"top zoo in the nation" by Family Life magazine, the "World's Greatest" Zoo by Bloomberg TV,
the #1 Zoo in the U.S. by both the Los Angeles Times and USA Today, and as one of the "top zoos
in the south" by Southern Living Reader's Choice Awards, and the Zoo has been named the "#1
attraction in the Dallas/Fort Worth Metroplex" by the renowned Zagat's Family Travel Guide; and
WHEREAS, since 1991, the Zoo Association has raised in excess of $300 million to fund
new exhibits, deeded improvements and repairs throughout the Zoo for the benefit of the City; and
WHEREAS, the City desires for the greater Fort Worth area to continue to benefit
economically from the Zoo Association's management of the Zoo, through increased tourism, sales
tax revenues and other advantages provided by a premier attraction and education venue; and
WHEREAS, the City seeks to ensure the continued safe operation of the Zoo for Zoo
patrons, animals and the Zoo's employees; and
WHEREAS, the City desires to provide for the continued proper health and care of the
animals at the Zoo and maintain the Zoo's licensing and permits with the United States Department
of Agriculture, Animal Plant Health Inspection Service (USDA -APHIS), United States Fish and
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Wildlife Service (USFW), the Texas Parks and Wildlife Department (TPWD), or other similar
federal or state licensing or accrediting agencies and organizations; and
WHEREAS, the Zoo Association has a 72-year history of contributing significant financial
and other benefits relating to the management and operation of the Zoo, including the acquisition
of animals and specimens, the education of children and families, the construction of permanent
exhibits and other public improvements, management of concession operations and employees,
the collection of gate receipts and the management of gate employees, and the contribution of other
significant services, benefits and support to the Zoo; and
WHEREAS, the Zoo Association is uniquely qualified to provide management services to
the Zoo, given its 72-year history of involvement with and support of the Zoo; its demonstrated
knowledge of Zoo operations; its acquisition and ownership of the animal collection and its current
and past operation of the food and gift facilities; its demonstrated success at raising funds for the
improvement, construction and maintenance of Zoo facilities; its development, management and
promotion of the Zoo's educational programs (including sponsoring scholarships); and its
demonstrated success in the funding, organization and execution of community outreach programs
which serve all areas of Fort Worth; and
WHEREAS, the Zoo Association owns and/or manages a vast animal collection at the Zoo;
and
WHEREAS, the Zoo Association is willing to continue to provide management services
relating to the Zoo in exchange for the management fees provided for herein; and
WHEREAS, the City and the Zoo Association desire for the management fees and all other
revenue from the operation of the Zoo, including without limitation, admission and parking fees
and proceeds of retail and educational operations, be used solely for the benefit of the Zoo and its
programs; and
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WHEREAS, the City desires, and the Zoo Association is committed, to expend funds to
improve the Zoo pursuant to the previously adopted plan referred to herein and within the boundary
defined in Exhibit "A" for the proper health and care of the Zoo Association's animal collection
and for the education and enjoyment of all residents of Fort Worth; and
WHEREAS, the City endorses the Zoo Association's past and future plans to fully develop,
maintain and update the property and facilities located within the Zoo boundary; and
WHEREAS, the City recognizes, reaffirms and approves the plan for Zoo development
detailed in the Forest Park Master Plan as well as the Zoo Association's goals, and services to the
residents of Fort Worth; and
WHEREAS, the partnership between the City and the Zoo Association has become a model
of public -private cooperative endeavors; and
WHEREAS, the City and the Zoo Association wish to continue in this highly successful
relationship while refining and clarifying aspects of the arrangements between the parties; and
WHEREAS, effective as of the Effective Date, both parties desire to simultaneously
terminate City Secretary Contract No. 40564 and all amendments thereto, and enter into this
Agreement;
NOW, THEREFORE,
KNOW ALL MEN BY THESE PRESENTS:
For and in consideration of the premises and the mutual covenants herein contained, the City and
the Zoo Association do hereby agree as follows:
ARTICLE I
1.01 The Term. The term of this Agreement shall commence on the Effective Date and
shall expire at midnight on September 30, 2052, subject to earlier termination as hereinafter
provided (the "Term").
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ARTICLE II
OWNERSHIP OF THE ZOO
2.01 Ownership. Title to all public lands, permanent improvements and property
currently owned by the City at the Zoo, and any permanent Improvements (as hereinafter defined)
constructed at the Zoo during the Term, shall remain vested or shall be vested in the City.
2.02 Equipment and Other Property. The City will permit the Zoo Association to use all
City property currently used within the Zoo boundary or assigned to the Zoo to enable the Zoo
Association to fulfill its commitments hereunder for the benefit of the Zoo and the visiting public.
ARTICLE III
MANAGEMENT OBLIGATIONS AND RESPONSIBILITIES
OF THE ZOO ASSOCIATION
3.01 Service Operations. During the Term, the Zoo Association shall have the sole right
and obligation to fund and manage all Service Operations at the Zoo. Service Operations to be
funded and managed by the Zoo Association shall include, but are not necessarily limited to, the
following: souvenirs, concessions, attractions, rides, restaurants, facilities, food, beverages, gifts,
promotions, marketing, leasing, catering, rentals, and strollers (collectively, the "Service
Operations").
The Zoo Association and its various catering contractors shall obtain, when necessary, and
keep in effect, at its own cost and expense, all licenses and permits necessary for the Service
Operations as well as state licenses and permits necessary for the sale of alcoholic beverages.
However, the Zoo Association shall not apply for said permits necessary for the sale of alcoholic
beverages without prior approval of the City Council, such approval not to be unreasonably
withheld. All gross receipts the Zoo Association derives from the Service Operations at the Zoo
shall be used solely for the benefit of the Zoo and its programs.
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3.02 Education. During the Term, the Zoo Association shall have the obligation to fund
and manage educational programs in the Zoo for the purpose of stimulating awareness and
appreciation of conservation and wildlife issues, and shall provide educational services to schools,
adult and senior citizen groups, and other interested parties visiting the Zoo. The Zoo Association
will continue offering scholarships and special assistance to various disadvantaged children and
families interested in the Zoo's educational programs. Revenue, if any, derived by the Zoo
Association from the operation of the educational facilities and programs at the Zoo shall be used
solely for the benefit of the Zoo and its programs.
3.03 Personnel and Benefits.
(a) Like the City, the Zoo Association is and shall continue to be dedicated to the hiring
and promotion of the most qualified individuals without regard to their race, religion, color, sex,
national origin, age, sexual orientation or disability. The Zoo Association will encourage
applications from minority applicants. The Zoo Association's equal opportunity policy will apply
to such areas as the recruitment and hiring of qualified applicants, job assignments, pay levels,
promotions/demotions, job transfers, job training, discipline, layoff and discharge.
(b) As part of its management responsibilities, and subject to the terms and conditions
of this Agreement, the Zoo Association exclusively will have all the rights of a manager, including
but not limited to the right to supervise, hire, promote, discharge, transfer, lay off, resolve disputes
in accordance with appropriate procedures, to assign work, and to assess performance of all Zoo
Association employees working at the Zoo.
(c) The City is not responsible for wages, insurance benefits, workers' compensation
premiums (or qualified self-insurance alternative), vacation leave, sick leave, group insurance
premiums, pension or retirement benefits, other benefits, or other obligations or liabilities owed to
Zoo Association employees. The Zoo Association shall be responsible for all wages, insurance
benefits, workers' compensation premiums (or qualified self-insurance alternative), vacation leave,
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sick leave, group insurance premiums, pension or retirement benefits and other benefits, or other
obligations or liabilities owed to Zoo Association employees.
3.04 Insurance. The Zoo Association shall maintain statutory workers' compensation
insurance (or qualified alternative self-insurance program) and employer's liability insurance with
coverage of not less than $500,000.00 per occurrence at its cost. The Workers' Compensation
Policy insuring the Zoo Association employees shall be endorsed to waive all rights of subrogation
in favor of the City. The Zoo Association will supply the City with a verification of this waiver
annually at renewal or on the anniversary date of this Agreement.
In addition, the Zoo Association shall maintain a Commercial General Liability Policy with
limits not less than $500,000.00 per occurrence during the Term. Said policy shall include the City
as an additional insured with respect to the acts of Zoo Association employees while in the course
and scope of their employment at the Zoo. The Zoo Association will also purchase a $2,000,000.00
umbrella liability policy naming the City as an additional insured to provide excess coverage above
the primary policies mentioned in this paragraph. The Zoo Association shall furnish the City a
Certificate of Insurance verifying such coverage with a confirmation that such policy shall not be
subject to cancellation except upon thirty (30) days' prior written notice to the City. The City may,
at its option, also require the Zoo Association to submit a copy of the policy or policies of insurance
in effect as well as proof of payment of premiums. All policies, where applicable, shall be on an
occurrence basis rather than a claims -made basis.
The Zoo Association shall further provide liquor liability insurance with coverage limits of
not less than $500,000.00 adding the City as an additional insured with respect to this exposure.
The Zoo Association and the City also will insure their respective real and personal
property at the Zoo from physical damage or destruction on an all-risk basis through a traditional
insurance format or through a self-insurance format. Each party is solely responsible for the
insurance of its own property. Any policy of insurance covering the respective owner party (either
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the Zoo Association or the City) will be endorsed to waive all rights of subrogation that the owner -
party or its insurance company possesses in favor of the other party. Should the owner party choose
to self -insure its property, or with respect to any deductible to the owner parry's traditional
insurance policy, any losses to the related personal property shall be at the sole risk of the owner
party. To the extent covered by insurance, the Zoo Association and the City hereby mutually waive
and release any claims for damages or losses that one may have against the other with respect to
any of their real and personal property at the Zoo.
THE ZOO ASSOCLATION WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPER TYL OSS, PROPER TYDAMAGEAND/OR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF THE ZOO ASSOCL4 TION, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS
IN THE PERFORMANCE OF THIS AGREEMENT, THE ZOO ASSOCIATION COVENANTS
AND AGREES TO INDEMNIFY, HOLD HARMLESSAND DEFEND THE CITY, ITS OFFICERS,
AGENTS, SER VANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR
LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
PROPERTY DAMAGE OR LOSS (INCL UDING ALLEGED DAMAGE OR LOSS TO THE ZOO
ASSOCLITION'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THE PHYSICAL CONDITION OF THE ZOO PREMISES OR THE ACTS
OR OMISSIONS OF THE ZOO ASSOCIATION, ITS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS; provided, however, that the foregoing
indemnity shall not relieve the City from any of its obligations, claims or liabilities arising from
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the acts or omissions of any City employees not under the supervision, management, direction or
control of the Zoo Association or relieve the City from its obligations under this Section 3.04.
3.05 Zoo Plan. The City and the Zoo Association hereby reaffirm their commitment to
and approval of the plan for Zoo development detailed in the Forest Park Master Plan (the "Master
Plan"), approved by the City Council on November 10, 1987, and, subject to the terms and
conditions found in Section 3.06 herein, the City approves the construction of any Improvements
at the Zoo shown in such Master Plan. A conceptual map of the Master Plan with the Zoo boundary
outlined thereon is attached hereto as Exhibit "B" and incorporated herein by reference.
Reaffirmation of the Master Plan does not preclude other Improvements being constructed in the
Zoo during the Term. Additional Improvements not reflected in the Master Plan may also be
constructed by the Zoo Association in accordance with the provisions set forth in Section 3.06.
3.06 Construction, The Zoo Association has the right and obligation to manage the
construction of all Improvements built after the Effective Date at the Zoo (the "Improvements").
No such Improvements shall be constructed unless and until the plans and specifications for same
have been reviewed and approved in writing by the City Engineer, when required by law, such
approval not to be unreasonably withheld or delayed. All such plans and specifications, and the
Improvements constructed in connection therewith, must conform to all local, state and federal
codes, laws, and regulations now in force or hereinafter prescribed by authority of law. In addition,
no major animal exhibits shall be constructed after the Effective Date unless and until the type and
location of such exhibit is first approved by the City Manager, provided, however, that if the
estimated Utilities Construction Costs (as defined at Section 8.04) for the proposed exhibit exceeds
the contracting authority delegated to the City Manager under City Code, the Manager shall refer
the proposed exhibit to the City Council for approval. City approval shall not be unreasonably
withheld or delayed. The City shall cooperate with the Zoo Association in facilitating any
Improvements at the Zoo. Without limiting the generality of the foregoing, the City Manager shall
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have authority to waive up to $100,000.00 per -project in building permitting fees and any other
City fees that would otherwise be required as a result of any construction of Improvements at the
Zoo during the Term. Any waiver of fees in excess of $100,000.00 shall require the approval of
the City Council. The parties recognize that the Zoo has not been platted, and the City agrees to
make all reasonable efforts to ensure that the lack of a plat does not unduly delay the issuance of
any permits associated with construction of Improvements at the Zoo. If the Zoo is required to be
platted during the Term, the City shall bear all costs and expenses associated with the platting
process.
The Zoo Association shall have the right and obligation to manage the modification and/or
relocation of any facilities, walkways, passageways or other structures within the current boundary
of the Zoo. All Improvements, modifications and/or relocations made at the Zoo shall be made
solely for the enhancement and benefit of the Zoo.
Title to the Improvements shall be retained by the Zoo Association during construction,
but such title shall vest in the City upon completion of each project and acceptance by City Council
action, at which point the City shall assume responsibility for insuring such accepted improvement.
The Zoo Association shall take all steps necessary to vest title to the Improvements in the City,
including but not limited to the delivery of an instrument of donation to the City.
The Zoo Association also agrees that it will take all steps necessary to prevent any lien
being placed against the Improvements and AGREES TO INDEMNIFY THE CITY AND
HOLD THE CITY HARMLESS FROM ANY AND ALL SUCH LIENS AND FOR NON-
PAYMENT OF CONTRACTORS, SUBCONTRACTORS, LABORERS OR MATERIALS
FURNISHED IN CONNECTION WITH SUCH IMPROVEMENTS, INCLUDING COSTS
AND EXPENSES INCURRED BY THE CITY IN ANY DISPUTE CONCERNING A LIEN
AGAINST SAID IMPROVEMENTS OR THE NON-PAYMENT FOR SAME. The Zoo
Association agrees that at any time it undertakes to manage the construction of any Improvement
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that costs in excess of $50,000.00 in the aggregate, the Zoo Association 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 or as such
may be subsequently amended:
(1) 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 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.
(2) If the amount of the construction contract awarded is in excess of
$100,000.00, in addition to any bond required under subsection (1) 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 the faithful performance of necessary
construction and completion of improvements in accordance with approved
final plans, detailed specifications and contract documents.
The Zoo Association shall ensure that all required bonds list the City as dual obligee and provide
copies of such bonds to the City as requested.
3.07 Maintenance of Zoo Structures. The Zoo Association covenants and agrees to
provide maintenance against normal wear and tear occurring after the Effective Date for all
exhibits and structures utilized at the Zoo. The Zoo Association also agrees to provide a
maintenance endowment equal to five percent (5%) of the required construction costs for any
major animal exhibit constructed at the Zoo after the Effective Date, to be held in escrow for the
benefit of the particular exhibit so endowed for as long as the exhibit exists. All existing
maintenance endowments heretofore established shall remain in effect for as long as the exhibit
exists, but additional endowment funds established and set aside by the Zoo Association which are
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in excess of the required five percent (5%) as set forth above, shall continue to be owned and
controlled by the Zoo Association. All earnings from said funds shall be used by the Zoo
Association solely for the general maintenance of exhibits and structures, provided the Zoo
Association maintains the five percent (5%) corpus fund amounts.
3.08 Animals. The Zoo Association agrees to exercise best efforts to meet and fulfill all
of the standards, rules and regulations of the United States Fish and Wildlife Service ("USFWS")
and the Department of Agriculture ("DOA"), or of other similar federal or state agencies with
which the Zoo is licensed or accredited, pertaining to animal health and safety. The Zoo
Association also shall continue funding and managing the acquisitions and loans of animals at the
Zoo. Title to all animals acquired by the Zoo Association shall be held by the Zoo Association in
trust. Subject to the provisions of Section 7.02 of this Agreement, all animals will be fed,
maintained, housed and exhibited at the expense and under the sole management of the Zoo
Association.
3.09 Audit. The Zoo Association shall keep complete and accurate records, books and
accounts of all receipts and disbursements from its operations at the Zoo. The City shall, have the
right to examine and audit said records, books and accounts. The City shall generally bear the cost
and expense of conducting such examination and audit but shall not be obligated to reimburse the
Zoo Association for personnel or overhead costs associated with Zoo Association employees
cooperating with or participating in such examination and audit. Such examinations and audits
shall be conducted during regular business hours on not less than three (3) days' written notice to
the Zoo Association. The Zoo Association shall furnish to the City a yearly audit of its books,
prepared by a certified public accountant, of gross receipts derived from the Zoo Association's
operations at the Zoo and all expenditures made from such gross receipts, such report to be
furnished within one hundred twenty (120) days after the end of the fiscal year of the Zoo
Association.
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3.10 Signage_. The Zoo Association shall install signage in and around the Zoo. Any
signs so installed must be constructed and installed in compliance with the ordinances, rules and
regulations of the City of Fort Worth; provided, however, that the City acknowledges and agrees
that during the Term the Zoo Association shall have a continued right to place the sign located at
the intersection of Colonial Parkway and University Drive in Fort Worth for advertising and
marketing purposes in a manner consistent with the Zoo Association's past and current usage of
such sign including, but not limited to, the change by any means of the electronic sign face no
more often than one time per week, and the illumination of the sign face by any means. In the
event this sign is damaged or destroyed or in need of significant repair, the Zoo Association shall
be allowed to reconstruct the sign, provided that size of the reconstructed electronic sign face (not
including any ancillary sign improvements such as the frame, surrounding animal silhouettes,
"Fort Worth Zoo" identification sub sign, and landscaping) may not exceed the dimensions of the
sign that exists at this location as of the Effective Date (12' x 24'). The sign face of any
reconstructed sign may be changed by any means but no more often than one time per week, and
the sign face may be illuminated by any means.
3.11 Marketing and Advertising. Asset forth in Section 3.0 1, the Zoo Association shall
have the sole responsibility for management of and the expenses incurred in the advertising,
marketing, merchandising and promotion of the Zoo. The City agrees that it will not enter into any
other advertising contracts affecting the Zoo; however, the City shall continue to use its best efforts
to promote the Zoo.
3.12 Janitorial and Groundskeeping Services. The Zoo Association shall manage all
janitorial and groundskeeping services at the Zoo. The Zoo Association shall be obligated to
maintain the Zoo in a clean, neat and attractive condition in a manner consistent with the
requirements or standards of a recognized zoological association, or similar federal or state
agencies with which the Zoo is accredited or licensed and for the use and enjoyment of the public.
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3.13 Securitv. The Zoo Association shall manage security operations at the Zoo and shall
be obligated to provide reasonable security for the animals, employees, visitors, equipment and
structures within the Zoo boundary. Such obligations include the construction and erection of all
fences located on the Zoo boundary.
3.14 Performance as an Independent Contractor. It is expressly understood and agreed
that the Zoo Association shall perform its obligations and responsibilities hereunder as an
independent contractor and not as an officer, agent, representative or employee of the City; that
the Zoo Association shall have exclusive control of and the exclusive right to control the details
of its obligations and responsibilities and all persons performing same; that the Zoo Association
shall be solely responsible for the acts or omissions of its officers, agents, employees or other
persons under its supervision, management and control; that the doctrine of respondeat superior
shall not apply between the City and the Zoo Association; and that nothing herein shall be
construed as creating a partnership or joint enterprise between the City and the Zoo Association.
3.15 Performance. Subject to the faithful performance of the provisions of this
Agreement, the Zoo Association shall have the sole discretion to determine the method in which
it performs its obligations and responsibilities herein.
3.16 Public Zoo. The Zoo Association agrees that at all times during the Term, it shall
have the full authority to operate the Zoo as a public zoo for the use, benefit and enjoyment of Fort
Worth's residents and visitors. No major portion of the Zoo may be closed to or discontinued from
public view for more than sixty (60) days without prior City Council approval, such approval not
to be unreasonably withheld. The Zoo Association agrees that with respect to admission of the
public and the charges therefor, it will not discriminate as to race, religion, color, sex, national
origin, age, sexual orientation, transgender, gender identity, gender expression, or disability.
3.17 Minority and Women Business Enterprise Commitment. It is the policy of the City
to involve disadvantaged business enterprises in all phases of its procurement practices and to
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provide them an equal opportunity to compete for contracts for construction, provision of
professional services, purchase of equipment and supplies and provision of other services required
by the City. In keeping with this policy, the Zoo Association agrees to incorporate the ordinances
establishing the City's Minority and Women Business Enterprises Policies and Disadvantaged
Business Enterprise Policies, as they may from time to time be amended, into all contracts of the
Zoo Association that call for expenditure of funds received from the City and that would include
a goal if entered into by the City and will further require all persons or entities with whom it
contracts to comply with said ordinances. In all other instances, the Zoo Association will make a
good faith effort to include minority, women, and disadvantaged business enterprises among its
contractors and subcontractors.
3.18 Events. It is expressly understood and agreed that the Zoo Association conducts
and/or permits numerous events at the Zoo on an annual basis. Many of these events are conducted
in connection with the Zoo Association's performance of its marketing and promotion obligations
in accordance with Section 3. 11. The Zoo Association shall have the sole responsibility for
management of all events conducted at the Zoo during the Term of this Agreement. The parties
acknowledge and agree that the requirements of this Agreement shall govern the conduct of events
held at the Zoo during the Term of this Agreement, and such events shall be exempt from those
regulations contained in Article XII: Outdoor Events, Chapter 20, "Licenses and Miscellaneous
Business Regulations" of the Code of the City of Fort Worth. In keeping with the long-standing
partnership and operations, the parties acknowledge that the City shall continue to allow the Zoo
to use its event tents, public address system, decorations, stages, and other features in connection
with the Zoo's traditional fundraising activities, and the City hereby agrees to continue granting
an exemption under Section "23-8 (d) (2) a. iii" of the City Code with respect to such fundraising
activities held during the Term as long as such activities are in keeping with the Zoo's historical
and routine fundraising and special event activities.
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ARTICLE IV
ADMISSION CHARGES
4.01 Management. The Zoo Association shall be responsible for managing the
collection of admission and parking fees at the Zoo and its associated parking. The Zoo Association
will keep accurate records of the monies received from these charges and will provide such records,
upon reasonable request, to the City. All admission and parking fees shall be managed and
administered by the Zoo Association and used solely for the benefit of the Zoo and its programs.
4.02 Price of Admission Tickets for Fort Worth Residents. The Zoo Association hereby
agrees that any increase in the prices of admission tickets over those prices charged (as of the
Effective Date) to Fort Worth residents shall not exceed the sum of an annual CPI adjustment and
the following:
(a) $5.00 over the first five (5) years of the Term;
(b) $5.00 over each of the subsequent five (5) year periods of the Term;
(c) A total of $30.00 over the entire thirty (30) years of the Term.
Notwithstanding the generality of the foregoing, a negative CPI for any year shall not be utilized
in calculating any adjustments. "CPI" shall mean the average Consumer Price Index for "All
items" for October 1 of each year as compared to October 1 of the preceding year as issued by the
Bureau of Labor Statistics covering All Urban Consumers for the Dallas/Fort Worth, Texas Region
(or if this index ceases to be published, then a comparable index).
4.03 Price of Admission Tickets for Non -Fort Worth Residents. The price for admission
tickets for non -Fort Worth residents shall be set by the Zoo Association but shall never be lower
than the amount charged to Fort Worth residents.
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ARTICLE V
MANAGEMENT FEES
5.01 As compensation for management services rendered under this Agreement during
the Term, the City shall pay the Zoo Association annual fees as hereinafter described (the
"Management Fees"). The annual Management Fees applicable to each fiscal year of the City
during the Term are shown on Exhibit "C" hereto.
5.02 Each annual Management Fee shall be paid to the Zoo Association by the City in
equal monthly installments to be paid by the 5th of each month.
5.03 For each fiscal year during the Term, the amount of the Management Fee shall be
the amount determined by adding to the figure reflected on Exhibit "C" a CPI adjustment (as
compounded) for such fiscal year reflecting cumulative positive cost of living adjustments made
since 2015, which is the year in which the $9,350,000.00 Management Fee amount reflected on
Exhibit "C" was initially established. A negative CPI for any year shall not be utilized in
calculating any adjustments.
ARTICLE VI
6.01 Designation of Parking Areas.
(a) The City and the Zoo Association agree that the main parking lot at the Zoo, a
diagram of which is attached to this Agreement as Exhibit "D", will continue to be designated as
a parking lot for the use and enjoyment of Zoo patrons and Forest Park visitors.
(b) The City and the Zoo Association further agree that the property known as the
"Archery Range". a diagram of which is attached to this Agreement as Exhibit "E", will continue
to be designated as a parking lot for the use of Zoo patrons and enjoyment of Forest Park visitors.
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(c) The City and the Zoo Association further agree that the property known as the
"Colonial North" area, a diagram of which is attached to this Agreement as Exhibit "F", will
continue to be designated as a parking lot for the use of Zoo patrons and enjoyment of Forest Park
visitors.
(d) "Designated," as used in this Agreement, shall mean devoted to the specified use
during the Term.
6.02 Management. Operation and Maintenance of Parking Areas.
(a) The Zoo Association shall be responsible for managing, operating and maintaining
the parking areas designated in Section 6.01 above.
(b) The Zoo Association shall bear all costs of management, operation and routine
maintenance of the designated parking areas. All costs associated with short-term planning and
development shall be borne by the Zoo Association. As used in this Section 6.02, "short-term
development" shall mean improvements such as post and cable, tree protection, grading, drainage,
signage, gravel and other like improvements constructed and maintained at any time during the
Term. "Short-term development" shall not include paving or permanent surface changes.
(c) The Zoo Association's management responsibilities for personnel working in the
designated parking areas shall be consistent with, but no greater than, its management
responsibilities for other personnel working at the Zoo.
(d) Because the areas designated in Section 6.01 (b) and (c), above, are unique natural
open spaces, any development or improvements shall be subject to the following standards:
(1) A buffer area, utilizing the existing shrubs, trees, and foliage along the edge
of the designated area which abuts the residential property, shall be
maintained to minimize the impact on the neighborhood.
(2) A barrier system will be created to preserve and protect the existing trees
and natural resources.
(3) Topographical elevations will be improved when necessary to facilitate
drainage.
Page 18
(e) The parties acknowledge and agree that neither party contemplates paving the areas
designated in Section 6.01(b) or (c) above. Any paving or other permanent surface change of these
areas will require the approval of City Council.
6.03 Parking Fees.
The City grants the Zoo Association the right to charge parking fees for the use of the
designated parking areas. The Zoo Association agrees that the level and frequency of any parking
fees charged will be reasonable and fair and based upon comparable parking fees that are charged
by other entertainment attractions of similar quality.
6.04 Other Parkin.
(a) With the exception of the areas designated in Section 6.01, this Agreement does not
authorize or contemplate the use of any greenspace that is within the boundaries of Forest Park
and that is outside the Zoo boundaries, as defined by Exhibit "A", for regular Zoo parking.
(b) The City shall assist the Zoo Association from time to time in making other areas
of City property available for off -site or overflow parking for Zoo patrons and Forest Park visitors.
Unless otherwise agreed to by the parties, the Zoo Association shall have no responsibility for
managing the other areas used for parking by Zoo patrons or Forest Park visitors. The Zoo
Association shall provide signage as may be reasonably requested by the Director of the City's
Park and Recreation Department ("Director") to indicate the availability and location of such other
parking areas.
6.05 Traffic Plan.
If requested by the City, the Zoo Association agrees to work with the City Manager (acting,
as appropriate, through the Director and the Director of Transportation and Public Works) to
develop a traffic plan of Forest Park that is designed to (1) improve traffic flow through Forest
Park, (2) reduce the impact of heavy traffic on surrounding neighborhoods, and (3) minimize
congestion at points where traffic enters Forest Park.
Page 19
ARTICLE VII
TERMINATION RIGHTS
7.01 Termination.
(a) Either the City or the Zoo Association shall have the right to terminate this
Agreement at any time upon delivery of twelve (12) months prior written notice to the other party;
provided however that if the City exercises such termination, the Zoo Association shall have, at its
discretion, up to an additional 48 months to complete its projects, conduct its affairs, meet its
obligations, arrange for the transfer of employees to the City and to wind -down its various on-
going projects.
(b) Upon the occurrence of any Event of Default (as hereinafter defined) by one party,
the non -defaulting party may terminate this Agreement upon sixty (60) days prior written notice,
unless the defaulting party cures the Event of Default (including making the non -defaulting party
whole for any damage caused by such Event of Default) during such sixty (60) day period. For
purposes of this Agreement, an "Event of Default" shall occur in the event either party is in
substantial or material breach of any of its duties or obligations under this Agreement. Failure of
the City to appropriate funds to pay Management Fees shall constitute an Event of Default with
respect to the City.
(c) In the event of a notice of termination of this Agreement by the Zoo Association
pursuant to Section 7.01(a) or by the City pursuant to Section 7.01(b), the Zoo Association shall
ensure the completion, at its cost, of any Improvements then under construction, such completion
to be within the time prescribed in the contract for construction, together with such additional
reasonable time as provided to the contractor by written change order. In the event of a notice of
termination of this Agreement by the City pursuant to Section 7.01(a) or by the Zoo Association
pursuant to Section 7.01(b), the Zoo Association shall be under no obligation to complete any
Improvements then under construction.
Page 20
(d) In the event of (i) a termination of this Agreement by the City pursuant to Section
7.01(a), (ii) a termination of this Agreement by the Zoo Association pursuant to Section 7.01(b),
or (iii) an expiration of the Term of this Agreement, the City agrees to assume, upon the effective
date of such termination or expiration, to the extent permitted by law, any obligations,
indebtedness, contracts or commitments incurred or entered into by the Zoo Association during
the Term related to operation and management of the Zoo, including the costs of constructing Zoo
Improvements initiated or contracted by the Zoo Association.
7.02 Effect of Termination. The Zoo Association shall be entitled to receive payment of
Management Fees for services provided up to the effective date of termination. Upon the effective
date of any termination of this Agreement, all cash on hand being managed by the Zoo Association.
derived either from Service Operations at the Zoo or from the collecting of admissions and parking
fees at the Zoo, save and except those required to • pay existing obligations, shall be transferred to
the City to be used for the benefit of the Zoo only. All other cash on hand, including all donations
and contributions from Zoo donors, shall remain with the Zoo Association.
Insofar as permitted by law, contract, or other third -party agreements, and subject to the
Zoo Association's various trustee duties and obligations, upon the effective date of any termination
or expiration of this Agreement, title to al t animals and specimens owned by the City shall remain
vested in the City and title to all animals and specimens owned, managed or held in trust by the
Zoo Association shall remain vested in the Zoo Association. The Zoo Association agrees to care
for the animals and to fulfill all of the rules and regulations of the USFWS and DOA and other
attendant rules, regulations or standards pertaining to animal health and safety for the animals and
specimens. In such event, the Zoo Association shall continue to be permitted to acquire, sell and
transfer animals to satisfy obligations and commitments and to further the Zoo Association's
conservation goals.
Page 21
7.03 Remedies Cumulative. The termination of this Agreement under the provisions of
this Article VII shall not affect the rights of the terminating party with respect to any breach of this
Agreement, nor shall it affect the rights of either party with respect to liability or claims accrued,
or arising out of events occurring, prior to the date of termination.
Neither the right of termination nor the right to sue for damages nor any other right or
remedy available to either party hereunder shall be exclusive of any other right or remedy given
hereunder or now or hereafter existing at law or in equity.
ARTICLE VIII
GENERAL PROVISIONS
8.01 Notice. Any notice or communication required or permitted hereunder shall be by
first class mail, postage prepaid, or hand delivered, as follows:
If to the City: City of Fort Worth
c/o City Manager
200 Texas Street
Fort Worth, Texas 76102
If to the Zoo Association: The Fort Worth Zoological Association
c/o Zoo Director
1989 Colonial Parkway
Fort Worth, Texas 76110
(or at such other address or in care of such other persons as hereafter shall be designated in writing
by either party to the other) and shall be deemed to have been given as of the date of receipt.
8.02 Consent to Assign. Neither party may assign all or any portion of this Agreement
without the prior written consent of the other party, and any attempted assignment of same without
such prior written consent shall be void.
8.03 Successors and Assign. All covenants, conditions and agreements made by or on
behalf of either of the parties to this Agreement shall bind and inure to the benefit of the respective
successors, representatives and assigns of each party.
Page 22
8.04 Utilities and Infrastructure. Except as otherwise indicated below, the City
covenants and agrees to provide, at its cost, normal and routine maintenance and repair to all Basic
Utilities affecting the Zoo; provided, however that the City's duty shall not operate to alleviate any
utility company or service provider of its obligation to conduct normal and routine maintenance
and repair for which the utility company or service provider is ordinarily responsible. "Basic
Utilities" at the Zoo shall include, but are not necessarily limited to, sewage, water, fiber optic and
other communication, gas and electricity; Normal and routine maintenance and repair shall be
performed no less frequently than performed by the City for other City facilities.
The City shall promptly repair, at its cost, all Basic Utilities affecting the Zoo in the event
of any disruption, malfunction or interruption in service not caused by the Zoo Association. The
City acknowledges the importance of Basic Utilities to the operation of the Zoo and shall exercise
its best efforts to repair such Basic Utilities as soon as reasonably possible after becoming aware
of such disruption. In this regard, the City shall provide the Zoo Association with the name and
contact information of a City employee who shall be designated by the City with the authority to
manage and supervise the repair of all Basic Utilities. In the event that the City is not able to repair
disrupted or malfunctioning Basic Utilities in a timely manner, the Zoo Association may elect to
contract with a third party for the repair of such Basic Utilities and the City agrees to reimburse
the Zoo Association for the costs of such repairs. Notwithstanding anything to the contrary
contained in this Section, the parties acknowledge and agree that the Zoo Association shall be
responsible for the repair and maintenance of water pipes and sanitary sewer pipes that are located
within the Zoo boundary and that are less than four inches in diameter, while the City shall be
responsible for the repair and maintenance of water pipes and sanitary sewer pipes that are located
within the Zoo boundary and that are four inches or greater in diameter.
The City further agrees to timely pay the costs to relocate or alter the Basic Utilities to
accommodate the construction of any Improvements or modifications at the Zoo (such expenses,
Page 23
"Utilities Construction Costs"). In this regard, the City shall exercise commercially reasonable
efforts to relocate or alter the Basic Utilities in a timely manner, consistent with the construction
and modification schedules planned by the Zoo Association. With respect to all Improvements,
the City agrees to timely pay the Utilities Construction Costs to provide all lines, pipes and other
connections to within five feet of the location of such Improvement on the Zoo premises.
To facilitate budgeting by the City for Utilities Construction Costs, in connection with the
proposal of any Improvement or modification at the Zoo, the Zoo Association will provide the
City a document defining the projected Utilities Construction Costs and will provide timely
updated estimates. If the City's final Utilities Construction Costs is substantially greater than the
Zoo Association's most recent updated estimate, the City shall be afforded up to six months from
the Improvement/modification completion date to pay such additional Utilities Construction Costs
to allow for operating budget adjustments, or up to two years if the additional amount requires the
City to issue debt. Notwithstanding the generality of the foregoing, the City shall make all
reasonable efforts to pay the additional Utilities Construction Costs as soon as possible following
the exhibit's completion.
8.45 Flood Mitigation. The City understands that portions of the Zoo property are in a
FEMA Special Flood Hazard Area and therefore subject to periodic flooding that has occurred
historically along Zoo Creek, some of which has resulted in damages to Zoo facilities constructed
nearby.
Throughout the Term, the City agrees to maintain the public portions of the storm drain
infrastructure and the Zoo Creek that impact drainage within the Zoo in good, unobstructed
condition to the maximum extent practicable and timely pay for associated costs in a manner
consistent with past practice. In the event that the City fails to meet any obligations with respect
to maintenance of the storm drain infrastructure or Zoo Creek in a timely manner, the Zoo
Association shall have the right, following reasonable notice to the City, to contract with a third
Page 24
party for the performance of City's obligations, and the City agrees to timely reimburse the Zoo
Association for the costs of such activities.
8.06 Entire Agreement. With respect to the subject matter hereof, this writing, including
the Exhibits hereto, embodies the entire agreement and understanding between the City and the
Zoo Association and supersedes all prior agreements and understandings relating to such subject
matter, including but not limited to, City Secretary Contract No. 40564, and all amendments
thereto. All other previous agreements, contracts and amendments, whether oral or in writing,
between said parties pertaining to this subject matter are hereby terminated and cancelled and
declared to be of no further force and effect. No prior or contemporaneous written or oral
agreements of any nature exist to alter or modify the terms of this Agreement.
8.07 Bond Elections. Except as otherwise prohibited by applicable federal, state and
local laws, nothing in this Agreement shall prohibit the City or the Zoo Association from seeking
financing for the construction of Improvements at the Zoo through City bond financing. No
provision in this Agreement shall render the Zoo Association's right to seek such financing invalid
or unenforceable.
8.08 Contracting. The Zoo Association, at its sole discretion, shall manage the hiring,
letting, contracting or franchising of any of the work necessary to fulfill any of its obligations or
responsibilities under this Agreement. All such contracts paid for with revenues from operations
at the Zoo must be in conformity with the terms and conditions of this Agreement and all other
laws, rules, regulations and policies of the City.
8.09 Severability. Any Article, section, part of a section or provision of any section of
this Agreement held to be void, invalid, unenforceable, or illegal in any jurisdiction shall be
ineffective to the extent that such invalidity or unenforceability invalidates or renders
unenforceable the remaining Articles, sections and provisions of the Agreement, which shall
remain in full force and effect. To the extent permitted by law, any determination of invalidity or
Page 25
unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in
any other jurisdiction.
8.10 Amendments. Except as otherwise provided in this Agreement, the terms and
provisions of this Agreement may not be modified or amended except upon the written consent of
both the City and the Zoo Association.
8.11 Headings. The headings of the Articles, sections, and provisions of this Agreement
have been added for convenience only and shall not be deemed to be a part of this Agreement.
8.12 Fiscal Funding. As to the City's performance of the obligations in this Agreement,
the Zoo Association acknowledges and agrees that the City is a governmental entity, and because
of statutory, constitutional and City Charter provisions, it cannot commit to the funding of the
City's obligations described herein beyond each fiscal year. Therefore, the funding obligations of
the City described herein are subject to and conditioned upon the City Council of the City
appropriating for each fiscal year sufficient funds to satisfy such obligations.
8.13 Governing Law, Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or
in equity, is brought pursuant to this Agreement, venue for such action will lie in state courts
located in Tarrant County, Texas or the United States District Court for the Northern District of
Texas, Fort Worth Division.
8.14 Immigration Nationalityct. The Zoo Association must verify the identity and
employment eligibility of its employees who perform work under this Agreement, including
completing the Employment Eligibility Verification Form (1-9). Upon request by City, the Zoo
Association will provide City with copies of all I-9 forms and supporting eligibility documentation
for each employee who performs work under this Agreement. The Zoo Association must adhere
to all Federal and State laws as well as establish appropriate procedures and controls so that no
services will be performed by any Zoo Association employee who is not legally eligible to perform
Page 26
such services. THE ZOO ASSOCIATION WILL INDEMNIFY AND HOLD CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO
VIOLATIONS OF THIS SECTION BY THE ZOO ASSOCIATION, THE ZOO
ASSOCIATION'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS.
8.15 Electronic Signatures. This Agreement may be executed by electronic signature,
which will be considered as an original signature for all purposes and have the same force and
effect as an original signature. For these purposes, "electronic signature" means electronically
scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original
signature, or signatures electronically inserted via software such as Adobe Sign.
8.16 No Boycott of Israel. If the Zoo Association has fewer than 10 employees, this
section does not apply. The Zoo Association acknowledges that in accordance with Chapter 2271
of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it:
(1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The
terms "boycott Israel" and "company" has the meanings ascribed to those terms in Section 2271
of the Texas Government Code. By signing this Agreement, the Zoo Association certifies that the
Zoo Association's signature provides written verification to the City that the Zoo Association: (1)
does not boycott Israel; and (2) will not boycott Israel during the Term of the Agreement.
8.17 Prohibition on Boycotting Energy Companies. The Zoo Association acknowledges
that, in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021,
87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more that is to be paid wholly or partly from public funds
of the City with a company with 10 or more full-time employees unless the contract contains a
written verification from the company that it: (1) does not boycott energy companies; and (2) will
Page 27
not boycott energy companies during the term of the contract. The terms "boycott energy
company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter
2274 of the Government Code is applicable to this Agreement, by signing this Agreement, the Zoo
Association certifies that the Zoo Association's signature provides written verification to the C It}"
that the Zoo Association: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the Term of this Agreement.
8.18 Prohibition on Discrimination Against Firearm and Ammunition Industries. The
Zoo Association acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited
from entering into a contract for goods or services that has a value of $100,000 or more that is to
be paid wholly or partly from public funds of the City with a company with 10 or more full-time
employees unless the contract contains a written verification from the company that it: (1) does
not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate during the Term of the contract against a
firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm
trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter
2274 of the Government Code is applicable to this Agreement, by signing this Agreement, the Zoo
Association certifies that the Zoo Association's signature provides written verification to the City
that the Zoo Association: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
against a firearm entity or firearm trade association during the Term of this Agreement.
Page 28
IN WITNESS WHEREOF, the parries hereto have executed this Agreement in Fort Worth,
Texas, as of the day and year first above written.
City of Fort Worth The Fort logical Association
5a Bcc�AGcr1a --_
ana Bur¢�hdoff (�Y 202S 7:2 3 CST)
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City Manager �a444�n°n� resident
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Assistant city Attorney
Bate:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 29
Exhibit A - Zoo Boundary
EXHIBIT "A" TO ORQINANCE NO.
R.
Jt
FIELD NOTES
FOR
FORT WORTH 200
A parcel of land out of the S. A. and M. G. Railroad
Survey, Abstract No. 1481, and the E. S Harris Survey, Abstract
No 688, and also being portions of tracts of land conveyed to
the City of Fort Worth, Texas, by deeds recorded in Volume 891,
Page 365, Volume 332, Page 549, and Volume 991, Page 186, Deed
Records, Tarrant County, Texas, and being more particularly
described as follows
BEGINNING at a point in the north line of a 30.0 foot "Reserved"
strip on the north side of Block 2, Park Hill Addition, an
addition to the City of Fort Worth, as recorded in Volume 988,
Page 58, Plat Records, Tarrant County, Texas, said BEGINNING
POINT being at the intersection of a projection of the west line
of Lot 3, Block 2, said addition, with said north line,
THENCE North 04 degrees 07 minutes 34 seconds East, a distance
of 106.14 feet, to a point on the south side of the east parking
lot for said zoo,
THENCE Across said parking lot, North 10 degrees 01 minutes 28
seconds East, a distance of 542.71 feet, to a point on the east
curb line of Colonial Parkway, said point being approxiamately
430.0 feet northeasterly along said curb, of the intersection of
University Drive and Colonial Parkway,
THENCE The following courses and distances, generally behind
said curb,
North 31 degrees 30 minutes 28 seconds East, a distance of
145.57 feet,
North 24 degrees 29 minutes 16 seconds East, a distance of
85.93 feet,
North 00 degrees 12 minutes 53 seconds West, a distance of
81.03 feet,
North 27 degrees 23 minutes S0 seconds West, a distance of
91.60 feet,
North 08 degrees 42 minutes 11 seconds West, a distance of
89 85 feet,
North 11 degrees 38 minutes 07 seconds East, a distance of
230.55 feet,
North 22 degrees S1 minutes 06 seconds East, a distance of
50 79 feet to a point,
THENCE South 81 degrees 33 minutes 00 seconds East, a distance
of 893.10 feet, to a point,
THENCE South 89 degrees 03 minutes 28 seconds East, a distance
of 210.0 feet, to a point in the west curb line of the existing
parking lot access drive,
Page 30
THENCE The following courses and distances, with said west curb
line, and the south curb line of said parking lot,
South 19 degrees 21 minutes 03 seconds East, a distance of
327.80 feet,
South 41 degrees 44 minutes 45 seconds East; a distance of
96.54 feet,
South 65„degrees 27 minutes 27 seconds East, a distance of
35.03 feet,
North 86 degrees 11 minutes 94 seconds East, a distance of
32.62 feet,
South 40 degrees 40 minutes 51 seconds East, a
distance of 54.55 feet,
and North 47 degrees 29 minutes 59 seconds East, a distance
of 49 75 feet, to a point,
THENCE South 62 degrees 04 minutes 38 seconds East, a distance
of 148.49 feet, to a point behind the .rest curb line of Park
Place Drive,
THENCE The following courses and distances, generally behind
said curb,
South "" '---see 40 minutes 40 seconds west, a distance of
94 48 feet,
Sc-..h 10 degrees 41 minutes 09 seconds (Jest, a distance of
34.54 feet,
South 05 degrees 29 minutes 26 seconds East, a distance of
94.50 feet,
South 12 degrees 08 minutes 34 seconds East, a distance of
57 71 feet,
South 28 degrees 15 minutes 36 seconds East, a distance of
67 25 feet,
South 30 degrees 30 minutes 24 seconds East, a distance of
57 11 feet,
South 28 degrees 04 minutes 44 seconds East, a distance of
119.41 feet,
South 26 degrees 08 minutes 54 seconds East, a distance of
90 91 feet,
South 24 degrees 01 minute 30 seconds East, a distance of
84 07 feet,
South 30 degrees 23 minutes 12 seconds East, a distance of
58.97 feet,
South 32 degrees 19 minutes 37 seconds East, a distance of
108.07 feet,
South 22 degrees 24 minutes 14 seconds East, a distance of
53.67 feet,
South 03 degrees 50 minutes 13 seconds East, a distance of
85 23 feet,
South 19 degrees 06 minutes 10 seconds East, a distance of
78.82 feet,
South 26 degrees 11 minutes 09 seconds East, a distance of
64 51 feet
Page 31
I
South 05 degrees 41 minutes 91 seconds East, a distance of
46 92 feet,
South 13 degrees 01 minute 37 seconds West, a distance of
177.72 feet,
South 12 degrees 24 minutes 57 seconds East, a distance of
70.72 feet,
South 30 degrees 04 minutes 45 seconds East, a distance of
114.65 feet,
South 43•degrees 19 minutes 51 seconds East, a distance of
60 96 feet,
South 58 degrees 47 minutes 51 seconds East, a distance of
318.12 feet,
and South 89 degrees 16 minutes 41 seconds East, a distance
of 67.27 feet to a point,
THENCE The following courses and distances, with the existing
or purposed security fence,
South 05 degrees 22 minutes 41 seconds West, a distance of
58.62 feet,
South 21 degrees 03 minutes 19 seconds East, a distance of
10.40 feet,
South 52 degrees 59 minutes 20 seconds East, a distance of
29.86 feet,
South S1 degrees 09 minutes 20 seconds East, a distance of
120 16 feet,
South 76 degrees 43 minutes 48 seconds Eaet, a distance of
69 95 feet,
South 66 degrees 61 minutes 12 seconds East, a distance of
39.20 feet,
South 02 degrees 18 minutes 20 seconds East, a distance of
188.21 feet,
South 11 degrees 14 minutes S0 seconds West, a distance of
40.57 feet,
South 02 degrees 56 minutes 57 seconds West, a distance of
29 58 feet,
South 37 degrees 46 minutes 58 seconds West, a distance of
118.09 feet,
South 26 degrees 31 minutes 57 seconds West, a distance of
40.31 feet,
South 92 degrees 14 minutes 27 seconds West, a distance of
81 25 feet,
South 38 degrees 33 minutes 55 seconds West, a distance of
84 93 feet,
South 47 degrees 18 minutes 56 seconds West, a distance of
308.50 feet,
South 89 degrees 25 minutes 04 seconds West, a distance of
354.61 feet,
Borth 86 degrees 27 minutes 47 seconds West, a distance of
107.26 feet,
North 73 degrees 47 minutes 43 seconds West, a distance of
29.70 feet,
Page 32
l
North 42 degrees 39 minutes 09 seconds West, a distance of
16 57 feet,
North 42 degrees 01 minutes 52 seconds East, a distance of
137.27 feet,
North 35 degrees 33 minutes 17 seconds East, a distance of
191.82 feet,
North 88 degrees 38 minutes 42 seconds East, a distance of
38.51 feet,
North 5$'degrees 16 minutes 13 seconds East, a distance of
99 58 feet,
North 67 degrees 02 minutes 39 seconds East, a distance of
29.80 feet,
North 01 degrees 22 minutes 39 seconds West, a distance of
151.51 feet,
North ea degrees 01 minutes 56 seconds East, a distance of
51.27 feet,
North 28 degrees 25 minutes 50 seconds West, a distance of
115.53 feet,
North 45 degrees 46 minutes 33 seconds West, a distance of
119.74 feet,
North 35 degrees 48 minutes 20 seconds West, a distance of
51.26 feet,
North 37 degrees 50 minutes 21 seconds West, a distance of
58 54 feet,
North 28 degrees 15 minutes 13 seconds West, a distance of
210 07 feet,
North IS degrees 05 minutes 01 seconds West, a distance of
59.44 feet,
North 42 degrees 31 minutes 22 seconds West, a distance of
289.29 feet,
North 34 degrees 11 minutes 41 seconds West, a distance of
302.91 feet,
South 50 degrees 59 minutes 13 seconds West, a distance of
87.77 feet,
North 68 degrees 58 minutes 95 seconds West, a distance of
44.95 feet,
North 38 degrees 43 minutes 15 seconds West, a distance of
10.70 feet,
North 19 degrees 47 minutes 30 seconds West, a distance of
29.67 feet,
North 04 degrees 05 minutes 53 seconds West, a distance of
69.87 feet,
North 40 degrees 21 minutes 58 seconds West, a distance of
198.54 feet,
North 45 degrees 11 minutes 50 seconds West, a distance Of
77 81 feet,
North 36 degrees 05 minutes 25 seconds West, a distance of
89.24 feet,
North 58 degrees 27 minutes 35 seconds West, a distance of
42.45 feet,
North 88 degrees 29 minutes 56 seconds West, a distance of
98.28 feet,
Page 33
South 78 degrees 23 minutes 48 seconds West, a distance of
146.20 feet,
and South 71 degrees 06 minutes 12 seconds West, a distance
of 197.50 feet, to a point in the east line of a tract of land
as described in Volume 8305, Page 295, Deed Records, Tarrant
County, Texas,
THENCE With the east line of said tract, North 27 degrees 51
minutes 80 -seconds West, a distance of 23.55 feet, to its
northeast corner,
THENCE With the north line of said tract, South 52 degrees 69
minutes 30 seconds West, a distance of 5.80 feet, to the
southeast corner of Lot 2-R, Block 2, Park Hill Addition, as
recorded in Volume 388-15, Page 5, Plat Records, Tarrant County,
Texas,
THENCE With the east line of said Lot 2-R, North 00 degrees Be
minutes 30 seconds East, at a distance of 72.50 feet, passing
the northeast corner of said Lot 2-R, in all a distance of 81.70
feet, to the northeast corner of the aforesaid "Reserved" strip,
THENCE With the north line of said strip, South 74 degrees 09
minutes 30 seconds West, a distance of 280.00 feet, to an angle
point,
THENCE Continuing with said north line, South 48 degrees 05
minutes 30 seconds West, a distance of 203 49 feet, W the POINT
OF BEGINNING, and containing 58.53187 acres, or 2,549,648 square
feet of land, more or less
URN JBM fdg497 12/19/88
Page 34
ONVA3,lnoo xsvd 183NOxi
Exhibit B - Forest Park Master Plan
Exhibit B
e
t
w
Page 36
Exhibit C
Management Fees
Fiscal Year
Management Fee
2015
$9,350,000.00
2016
$9,350,000.00
2017
$9,350,000.00
2018
$9,350,000.00
2019
$9,350,000.00
2020
$9,350,000.00
2021
$9,350,000.00
2022
$9,350,000.00
2023
$9,350,000.00
2024
$9,350,000.00
2025
$9,350,000.00
2026
$9,350,000.00
2027
$9,350,000.00
2028
$9,350,000.00
2029
$9,350,000.00
2030
$9,350,000.00
2031
$9,350,000.00
2032
$9,350,000.00
2033
$9,350,000.00
2034
$9,350,000.00
2035
$9,350,000.00
2036
$9,350,000.00
2037
$9,350,000.00
2038
$9,350,000.00
2039
$9,350,000.00
2040
$9,350,000.00
2041
$9,350,000.00
2042
$9,350,000.00
2043
$9,350,000.00
2044
$9,350,000.00
2045
$9,350,000.00
2046
$9,350,000.00
2047
$9,350,000.00
2048
$9,350,000.00
2049
$9,350,000.00
2050
$9,350,000.00
2051
$9,350,000.00
2052
$9,350,000.00
= Fiscal Years predating this Agreement
Page 37
I
1,
Exhibit F Colonial North Parking Lot
Page 40
City of Fort Worth/Fort Worth Zoological Association — Zoo Management Agreement
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration
of this contract, including ensuring all performance and reporting requirements.
Kristina Ashton
Senior Administrative Services Manager