HomeMy WebLinkAboutContract 12571 LICENSE
THE STATE -JF TEXAS V, T 1,
,I JRY
COUNTY OF TARRAW § CC J-;
This contract and license agreement is made and entereH into
i-In is r) k
day of
A.D. E9 by arul
between the City of Fort Worth, a home rule municipal corporation of
Tarrant County, Texas (hereinafter called "City"), acting herein by
and through its duly authorized City Manager, Robert L. HercherL,
and General, Dynamics Corporation, a Delaware corporation, duly
authorized to do business in the State of Texas and maintaining an
Office and place of business in the County of Tarrant (hereinafter
called "GD"), acUny herein by and through Herbert F. Rogers, its
duly authorized Vice President and General Manager.
W 1 T N E S S E T H
That, for and in consideration of the covenants and cond,,tions
hereinafter set out, the City hereby grants a license unto GD to use
the surface of the following lot, tract, or parcel of Lang situated
in Tarrant County, Texas, and more particularly described as fol-
lows:
A portion of the Thomas 'White Survey, iVost. 1636, situated
in the west part of Fort Worth, Tarrant County, Texas, and
embracing a portion of the First Tract conveyed to the
Litt'
of Port Worth by deed recorded in Vol. 1843,
page 461, of the Tarrant County Deed Records.
COMMENCE at the southwest corner of said Thomas White
Survey and run north along its west line 1443 feet an'
then run south 89 degrees 19 minutes east along the north
line of the right-of-way of the East-West Freeway a dis-
tance of 392-6/10 feet to a point in the west line of said
City of Fort Worth tract and being in the east line of the
T. and P. RR Co. right-of-way for the southwest and begin-
ning cornier of the tract being described;
T�iENCE north 0 degrees 50 minutes Past along the line he-
tween said tract and said right-of-way a distance of 398
feet to an iron;
THIENCE south 89 degrees 23 minutes east 466-81110 feet to
an iron;
THENCE south 1 degree 20 minutes eamt 398 feet to an iron
in a Line for the north lire of said Freeway,
MENCE north 89 degrees 23 minutes west along said line
for the north line of the Freeway and I)eing 10 feet north
of and parallel with the face of the north curb of the
north service street a distance of 482 feet to the place
of beginning, and containing 4"34/I000 acres.
1.
CD hereby covenants and agrees to use the -above described prop-
erty solely for d parking area, which parking area shall be used
only in conjunction with GD's occupancy of a building located at
2"1 MwAnm"y Street, commonly known as 'Cie Rowan Building, in the
City of blort Worth, Tarrant County, Texas; provided, however, such
parking spaces, not in use by GD, shall be available for the use of
visitors to the Fort Worth Botanic Gardens on weekends and holi-
days. In this connection, it is undersuml and agreed that. all gates
to the parking area except the gate leading directly to the Rowan
Building shall remain open during weekends and holidays for the same
hoars that the Botanic Gardens are Wen to the puIA ic.
2.
it is understood and agreed that the primary term of this
agreement shall be for a period of five (5) years, with an option to
renew for an additional term of three (3) years Which must be exer-
cised. if at all, by notice in writing to the City at least sixty
(60) days prior to the expiration of the primary term; that such
primary term shall commence on the lGt day of August, A.D. 1982, and
shall terminate an the 31st day of July, A.D. 1987; that the renewal
term, if exercissi by GD, shall commence an the Ls" lay of August,
A.D. 1987, and shall terminate an the 31st day of July, 11-D, 'X990.
3.
G agrees to and shal I pay the City, for the license to use the
above lescrOal property as a parking area, the sum of lb, 180 per.
year, subject to escalation as provided bellow, to be paid as fol-
lows: $3'("90 stnlamma"Y, to 'he paid in alvance, on or heA)r'_
4u gist ?.at and an or nefore February ist of each year Pravuied,
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awe,'er, that it is expressly understood and agreed that t1he sum to
be paid is subject to escalation for tne dust 30 montns of the
primary terra, and further escalation for the extenle.1 term of Oiree
years in the event the option to renew is exercised, said escalation
Lo be based upon the percentage increase, if any, in the average
"Consumer Price Index for Urban Wage Earners and Clerical Workers,
Tinitel States City Average, All Items" or successor index, as
published by the Bureau of Labor Statistics, United States
Department of Labor, for the thirty-month period, September 1984
over March 1982, and in the event of the exercise of the ojitiun far
the extended term, further escalation based upon the percentage
increase of such index for the thirty-month period, February 1987
over August 1984. Provided further, that the sum to be paid shall
not decrease should the above index show a percentage decrease for
the above periods of computation, and that the sum to be pail by GD
to City thus shall not be less than $16,180 per year.
4.
GD bereby covenants and agrees that payment of the semiannual
user fee, as providei for in Paragraph 3 of this agreement, shall be
male in cash, at the office of the Park and Recreation Director,
City of Fort Worth, 1000 Throokniortan Street, Fort Worth, Texas
76102, on or before the 1st day of %ugust and on or before the 1st
lay of February of each year during the primary term or t'Ie
extension, if any, of this ancement, it is aqt,cel that rio notice ur
invoice shall be required in order to rwlm the smianmmi fee dn�
and pnywA e.
5.
Go acknowledges that its acceptance of possession and use of
the licensod premises cowtitutes a cwwlusive ads NsOn that. K has
inspected the licensel premise, and all imgar,'Dve-ments thereon and,
ises, nor shall GD make any alterations to said premises except such
as my first be approval in writing by the Park and Recreation,
Krector of the City of Fort Worth.
7,
OD covenants and agrees that it shall not make or suffer any
unlawful, improper or offensive use of the licensed premises or any
part thereoL Tn this connection, GD covenants and agrees that i+.
will UOL permit the use of loud, abusive, foul, obscene lanouaje,
nor will it permit any obscene acts or conduct by any person or per-
sons upon said premises and that the use of such languaye or the
occurrence of any obscene acts or conduct shall result in the re-
invaL of any person or persons who used or perforuiel same from said
premises by GD, its officers, agents, servants or eMt,aees.
B.
GD covenants and agrees to replace and landscape any flowers,
shrubs or any area of the licensed premises which may be destroyed
by GD's officers, agents, servants or employees, or invitees,
licen-
sees or trespassers in the use of such premises; that GD farther
agrees to maintain and police the area in order to keep the premises
in A clean and sanitary condition at all times in compliance with
all ordinances and regulations of the City of Fort Worth. In this
connection, GO shall penlit We City's agents, servants or employees
t,,:) make inspection of said premises at any time,
9.
GD covenants and agrees to comply with all laws, fe-leral, state
aml local, Ac Lading all ordinances of the City of Fort North an]
all. rules, regulations and requirements «f the Police, Fre,
Piblic Works and Park and Recreation bepartments. it is ajreed and
understood that, if t4e city calls the attention of OU to any such
violai-icni on the part of GO or any officer, agent, servant or
employee of GD, then GD shall immediately desist from and correct
such MlaQon.
It is agreed and ari;lerstood that 31, shall Operate 11t.reun'dcr as
an inflepenleat contractor as to all rights and privileges herein
cDntaineJ, and not as an officer, agent, servant or employee of the
7&y. GD shall have the exclusive right to vontfcl the details of
all activities conducted on said premises under this agreement, and
all persons conducting same, and shall be solely responsible for the
acts and omissions of its officer" agents, employees, contractors
an,', subcontractors. The doctrine of respowleat superior shall have
no application as between City and GD, and nothing herein shall be
noustrael as creating a partnership or joint enterprise between City
and GM
IL
CD
covenants and agrees that it shall not sublet or assign all
or Any part of its rkylsts, privileges or duties under this license
agreement, and any attempted sublease or assignment of same shUl be
void and constitute a termination of this license agreement.
12,
It is understood and agreed between the My and GD that the
City reserves a fifteen-foot (15' ) strip of Ldwl on the south side
of the licensed premises parallel to the East-West Freeway and A
fifteen-foot (15') strip of land on the west side of the licensed
premises parallel to the railroad for the purpose of creating and
maintaining, at the City's discretion, a screen of plantin,_is there-
on, or any such other improve:nents which the City shall, in it,,,
discretion, wish to ;aak,-, thereon. In this connection, the City re-
serves the right of ingress am egress thereto for the purpose of
maintairrinq said reserved area. Further, City shall pert ., end allow
GD appropriate and reasonable ie,an of ingress and edros•3 and
from the licensed premises and across said fifteen-Mot. strips LO
provide appropriate and reasonable access to the parking area, t-.,
the Rowan Buillinj occapied by GD on `+;>n very Street, and to the
pablic sLreQts a:ljace�iL to the licensez-1 pre-viiseG.
g_
13.
GD covenants and agrees that City shall in no ,way anAer any
circamstarv_es be responsible for any property belonging to 11), its
officers, agents, servants or employees or its licensees, Kvt tees
or trespassers, which may be stolen, destroyed or in any 'I'aY
gajaaqed, and GD 'nersoy indemnifies and holds liaic,'iLoss City, its
ofFicers, agents, servants and employees, from and against any and
all such claims.
14.
GD c.overiants and agrees to, and does hereby, indemnify, hold
harmless anA defend City, its officers, agents, servants and em-
ployees, from and against any and all claims or suits for property
loss or damage and/or personal injury, including death, to any and
an person" of whatsoever kind or character, whether real or
asserted, arising out of or in connection with the iiaintenancp, use
or occupancy of said Licensed premises, whether or not caused, in
whole or in part, by alleged negligence of officers, agents, ser-
vants, employees, contractors, subcontractors, Licensees or invit-es
of City; and Go hereby assumes all Liability an,' responsibility of
City, its officers, agents, servants and employees, for property
Loss or damage and/or personal injury, including death, to any at"a
all persons, of whatsoever kind or character, whether real or
a s a e rt -i the atf- Ce e
arising
out of or in connection wit� t, itiaii -�nnn use
or occupancy of said licensed premises, whether or not caused, in
whole or in part, by ailegecl negligence W aMicers, a9eats, ser-
vants, employees, contractors, licensees or invotoes
of City. GB shaft likewise indemnify and hol-I lianuless city for any
and all in jury or cAmme to said premises, whether arising Out of or
in connection with any Aril all acts or omissions of GD, its OEM-
cers, agents, employees, contractors. subcontractors, I i nensees,
invitees or trespassers, or caused, in whole or ta part, by allejed
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neqlidencp of officers, agents, servants, employees, contractors,
subcontractors, licensees or invitees of My.
15.
GID covenants and agrees to furnish to '-'iLy a certificate of In-
surance as proof that it has secured and paid for a policy of pjblic
liability insurance covering all public risks related to the pro-
posed performance of the terms and conditions of this contra--t- The
amuaMs of swh insurance shall hot be less than the maximu,11 liabil-
Lty which can be iriposs,l on the City under the Laws of the State of
Texas. At present, such amounts shall be as follows:
Property damage, per accident '100,000
Personal, injury or death, per person $100,000
Personal injury or death, per accident $300,000
with the understanding And agreement by OD that SUCIA 1115,lrallce
amounts may be revised upward at the City's option and that GI)
covenants and agrees to so revise such amounts within thirty (30)
,lays following notice to CO of such requirements.
16.
(31) shall, during the primary term of !-Inis license agreetaent am]
any extension thereof, pay all charges For electricity used in or on
the licensed premises before they shall necome delinquent,- and shall
mold the City harmless for any liability therefor.
17.
GD covenants and agrees that, if it fails to make payment to
the City when due, the City man at its Option, declare this license
agreement forfeited, and, upon suer, Aeclaratfoa, the agreement shall
! c immediately tennis tel as to the remairrier of the term thereof.
OD c"enmLs and agrees Oia" in the event of a b"ach of my cove-
nant mmtUnel herein oy GD, then and in that event. Gre City man at
its o,.,-ption, declare this license agreement forfeited and termi"ated
as to the balance of the term thereof and enter upon and take ims-
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session of the premises, and GD covenants and agrees to jive up and
peaceably deliver immViate possession of the licensed ac_roses wo
the City. Notwithstandiny the fomyoin,4, no forfeiture shall occur
unless payment due the City Under this Agreenient is n,)t pail or any
other breach has not been cumd or correctel within twenty (20) days
after written notice of any such breach or nonpayment has I.een given
GJJ by mailing such written notice to the General Counsel, General
Dynamics, Fort Worth Division, P.0. Box 748, Fort Worth, Teas
76101.
18.
GD covenants and agrees that, in the event this license ajme-
ment shall be terminated or forfeited for any reason, GD) shal-11 de-
liver imane-liate possession of and danisell premises to Citn aw, if.
GD shall fail am! refuse to deliver such iimamliate possession upon
such forfeiture or termination of this license ajraeoeat, City shall
have the right to expel and remove forcibly, if necessary, GD an!
its property therefrom, and, in such event, the City shall incur v—
liability as a result of such removal. GD a0reas that, in the event
of a termination or forfeiture of this license agreement, as ahme-
sail, GD shall indemnify City for all loss or damac,e which the City
may incur or suffer during the remainder of the period of time
covered by this license, whether wwh loss shalt be tlwoah de-
creased rentals or otherwise.
19.
Gi' further covenints aazl agrees Lliat it will, at the eril of the
term of this license agreement. peacealaly deliver up unto the City
the licensed premises an! all appurtenances or improveynents ther,xou
in a goal state of repair, as aFuresnLd, And vacant, anw,vuMere-I
an-I in a tenant l"nim canal itio11.
20.
GD covenants and agrees that, should any act Lan, wheLhar fcal
or assemed, at law or in equity, arise out of the terms of this
anement, venue for said action shall lie in Tartant Count,,, Texas.
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in any a(—ion brought by City Cor the of t'i� terms
of this agreei-nenL, City shall. be entitled to recover intercst- an',
reasonable attorneys' fee-,.
Zti WITNESS the parties herein have executetl this
a,jreement at Fort Worth, Tarrant County, Texas, oil this day ;�f
A.D. 19n?'�
ATTEST: CITY Of' fOk'f WORTH
By:
Laity reLary Robert F,. Herchert
City Mlanayer
APPROVI:D AS TO FORM AND LEGALITY:
...Attorney
ATTFST- GENERAL 1;Yt4-kM1CS C0RP'QRA'Pl')'1
E E Ha tchett Herbert F. RoydEs, Vice--/
Assistant Secretary President & General Aanajer
GeneraL Dyna;nics Corporiti.,-)r-.
Fort Worth Division
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SlnNTE �:'F'
COUWY OF I'ARRANT
BEFORE ME, the undersiMel authority, a Notary Public in and
for the State of Texas an this day personally appeared Robert L.
Herahert, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that the same
was the act VE the City of Fort Worth and that he executal the
same as the act of said City of Fort Worth for the purposes awl
consideration therein expressed and in the capacity therein
stated.
r
GIVEN UNDER MY HAND AND SEAD OF 'J�T ICE, this day of
A.D. 19 th
Notary Public in and for
the State of Texas
STATE OF TEXNS
COUNTY OF TARRANT
ME, the undersigned authority, a Notary Public in and
for Tarrant- County, Texas, on this day personally appeared
Herbert F. Rogers, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to va,3
that he executed the same for the purposes and consideration
therein expressed, as t1w act and deed of General Dynanics-
Corporation, an, in the capacity therein state! as its luty
author"ed offiver or repwsentative.
GIVEN UNDER MY HLAND AND SrAL OF OFFICH, this 3" day �3F
A.D. 19,9--
Notary PabILc in and for
the State of Texas
City - 0" 71w as
Mayor and Council Co m 'un. ian.
DATE LRE�FE��'ENCE BuESJEC7; Parking I .': £. S€"�6=, .-.L-�i: a.;:'
PAM }
ER
6 2 2 82 C-6367 ..
Since 1957, the Park and Recreation Department has :eased Ke payOng lot rE
southwest corner of the Botanic Garden tc occupants of the building ar
Montgomery. Bell Helicopter-Textron Wased the parking 3ot from 1965 07uQ
1981, most recently at $8,500 per year.
General Dynamics fort Worrn Dirrtsion has feq# ested to use that parking Kn w -h
the understanding that it would use the At only so a park erg area in n W
with its occupancy at the building at 2501 Montgomery. A.. pre;; l , ;t,iO
Garden visitors would have access to the lot on wee ende and holidays
It is proposed to license General Dynamics to use the iµ1 to save y,n,s
beginning July 1, 1982, with an option for an additional three-year r;rm.
Initially, the fee would be $16,180 per yeart It would be l_n-rean, d in ___
proportion to thirty-month and sixty-month percentage inf else if F
designated consumer price index. The in.-reases, if any, wcold horome oilpctiv-
January 1, 1985 and July 1, 1987,. The City initially un 7t restate Or r. T ,
good condition after which it would be maintained by General D nay._ , for
term of the agreement. Public liability insurance would be provided by lwnpfal
Dynamics.
These conditions are satisfactory to General Dynalni-s and to -hp svail.
The Park and Recreation Advisory Hoard voced to r c mmend approval
proposed contract.
Recommendation
It is recommended Lhat the City Council a57thorize. t.:e City Manager iu
with General Dynamics a five-year 'inerse agreement with a hone r news
option for use of the Guy`s parking lot at the s nhwost rornor ox kot n, �.
Garden at an initial fee of 016,180 por year,
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MUSMt TED FOR 1Nt
CITY;dANAGERS i3MF3ETtuM By COUN'_iL } PIMESSM DV
0"VE BY 1
APPROVED
()TItER IaFt ar;
OWWNATING
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DEPARTMENT HAD G 3 r l e5 Garr a9'a! Y S C 'A;R.„ I
FOR ADDITIONAL INFORMATION `
CONTACT: David Ni e=ns, Eit e. 702131