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HomeMy WebLinkAboutContract 18093 LICENSE AGREEMENT ki STATE OF TEXAS COUNTY OF TARRANT WHEREAS, on the 17th day of October, 1980, the City of Fort Worth and -the Blue Raider Athletic Association made and entered into City Secretary Contract No. 11325, whereby the Blue Raider Athletic Association leased from the City of Fort Worth certain City property for the purpose of conducting thereon outdoor o that purpose; - athletic activities and other uses incidental t and WHEREAS, the term of said City Secretary Contract No. 11325 was for a period of ten ( 10) years beginning September 1 , 1980, and ending on August 31, 1990; and WHEREAS, City Secretary Contract No. 11325 will expire on August 31, 1990, and the parties desire to enter into a new agree- ment redefining the rights , privileges, duties and responsi- bilities of the respective parties; NOW, THEREFORE, KNOW I MEN BY 2'14-ESE PRESENTS: This contract and license agreemient is made and entered into by and between the City of Fort Worth, a some rule municipal cor- poration in Tarrant County, Texas, acting herein by and through its 9 duly author,- zed City Manager, David A. Ivory, hereinafter i L - called "Licensor" , and the Blue Raider Athletic Association, a nonprofit Texas corporation, located in Tarrant County, Texas, acting he-re-in by and through its duly authorized Pre inafter Called "Licensee" . J W I T N E S S E T H 1 . Li-censor hereby grants unto Licensee, and Licensee hereby accepts , -11-he- privilege to use and occupy certain property described herein for the purpose of conducting outdoor athletic activities and other uses incident to such purpose, including the maintenance of said premises and the facilities located thereon, for the use and convenience of Licensee, its invitees and mem- bers, both as spectators and participants . The demised premises are described as Parcel 1 and Parcel 2 in the field notes marked Exhibit "A" and outlined in blue on the plat marked Exhibit "B" , both Exhibits being attached hereto and incorporated herein for all purposes incident to this agreement . in consideration of the granting of this license agreement, Licensee agrees to maintain, at its expense and in a condition acceptable to the Water Department Director, the property demised hereunder. Such maintenance shall consist of mowing and removal of trash and litter from Parcels I and 2 and maintenance of all improvements and structures located on Parcel 1 and Pa-rce! 2 . 2 . The term? of this license and privilege shall be for a period of ten 110 ) years, beginning on September 1, 1990, and ending on, August- 31, 2000 . This entire license agreement may be terminated by either party at any time, with or without cause, by giving the other party ninety ( 90) days ' written notice of such intent to terminate. it is expressly understood and agreed that the above 2 described property was purchased b y t h e F o r t W o r t, h W a t e r Department for future use by that department- and that such property wi-11 be used in the future for the operations of the water system of the City of Fort Worth. 3 . As additional consideration for the granting of this license T agreement, Licensee shall pay to Licensor the sum of One Dollar -L . 001 per year for each and every year this license agreement is in effect. The initial payment under this agreement shall be due and payable on or before September 1, 1990, and each payment thereafter shall be due and payable on or before each anniversary date of this license. 4 . Licensee agrees to accept possession of the premises described as Parcel 1 and Parcel 2 in their present condition and warrants that it has found them suitable for and 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. 5 . Licensee agrees to provide its own means of access to and from the prendises for the purposes of this agreement . Such means of access muszt first be approved in writing by the Director of the Water Department of the City of Fort Worth or his authorized reps esenta"Cive, 3 6 . Licensee will be permitted to construct and maintain facilities on Parcel I for recreational purposes, such as tempo- rary grandstands , refreshment stands, structures for sanitary facilities, paved sidewalks and similar installations subject to the approval of the Water Department of the City of Fort Worth. Licensee will be permitted to install and maintain a refreshment stand and restroom facility between Fields 7 and S . In addition, Licensee will be permitted to install and maintain unlighted T-ball fields on Parcel 2 . However, it is specifically under- s t ood and agreed that no permanent fences, backstops, grandstands or other permanent improvements will be permitted, erected, or maintained on Parcel 2 . The size and placement of the unlighted T-ball fields on Parcel 2 is subject to the approval of the Water Department of the City of Fort Worth. All improvements now or hereafter constructed on the premises shall comply with the City of Fort Worth's Building Code and all other applicable laws, ordi- nances and regulations of the City of Fort Worth. It is hereby acknowledged by the parties hereto that lighting facilities have been installed and presently exist upon Parcel I and that Licensee shall be permitted to continue the use of such existing lighting facilities throughout the term of this license. In addition, Licensee shall be permitted to install and maintain lights and lighting facilities on Fields 7 and 8 . The prior written approval of the Water Department Director or his authorized representative is required prior to the installation of any such facilities , Hlowever, it is specifically understood 4 and agreed that from and after the date of execution of this agreement, no lights or lighting facilities shall exist or be placed on Field #5 , nor shall any additional or increased lighting or lighting facilities be installed on Fields #3 and #4 , except that Licensee shall be permitted to erect and maintain one pole security light between Fields #3 and #4 . Reasonable replace- ment and maintenance of lighting and lighting facilities on Fields #3 and #4 is understood. In addition, Licensee covenants and agrees that no inning of any baseball game or any other recreational activity on Fields 3 and 4 shall begin on or after 10 : 00 p.m. of any night , and that immediately following the conclusion of any inning which ends after 10:00 p.m. , or upon the conclusion of any other recreational activity upon Fields 3 and 4 the field lights will be turned off . Thereafter, the only lighting permitted, other than the one pole security light between Fields 3 and 4 , shall be lighting necessary to pick up -trash, litter and debris and to generally police the area. 7 . Licensee shall be permitted to maintain upon Parcel 1, a public address system for use only in the conduct of recreational activities on the premises; provided, however, that no speaker of the public address system shall face any of the residences adja- cent to the north boundary line of parcel 2 . it is expressly understood and agreed that in the use of the public address system Licensee shall Comply with all ordinances and regulations of the Clity of Fort Worth coincel-ning noise, including but not limited to Section 23-8 of Chapter 23 of the Code of Ordinances 5 of the City of Fort Worth. in this connection, Licensee agrees that it will not create any noise, by loud speaker or otherwise, of such character, intensity or continued duration which sub- stantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities . In addition, Licensee shall be permitted to install and maintain one public address speaker at Fields 1-8 to be used solely for emergency announcements . Licensee shall remove speaker or speakers at request of Water Department Director. S . Licensee agrees that all sanitary water supply facilities constructed on the premises shall be first approved by the Water Department of the City of Fort Worth, as well as by the other appropriate departments of the City of Fort Worth having respon- sibility for such facilities . 9 . Any and all improvements made by the Licensee are made at the full risk of the Licensee, and Licensor may take possession at any tire of any or all of its property at its discretion without any obligation to compensate Licensee for any expenses it may have incurred in making such improvements . Licensee covenants and agrees that it will maintain, repair and keep in good structural condition for the duration of this agreement, any and all improvements on the described premises, v,.-�hether now existing or hereafter constructed. 10 . Licensee shall not assign this agreement no�.r grant any sub - , icense for the use of the described premises without the co sent of Licensor first obtained in writing. However, it is understood by the parties hereto that Licensee may grant to others the right to install and maintain certain concessions incidental to the use of the premises, and this clause shall not prohibit Licensee from granting such concessions without first obtaining Licensor ' s written consent; provided, however, that Licensee shall remove or cause to be removed.. those concessions or concession vendors which are objectionable to the Water Department Director. Licensee expressly covenants and agrees that it shall not permit or allow the sale or consumption of alcoholic beverages on the described premises . It is expressly understood and agreed that Licensee shall operate hereunder as an independent contractor as to all rights and privileges granted herein and not as an agent, representative or employee of Licensor; that Licensee shall have exclusive con- trol of and the exclusive right to control the details of its operations on the described premises and shall be solely respon- sible for the acts or omissions of its officers, agents, con- tractors, subcontractors, or invitees; and that nothing herein shall be construed as creating a partnership or joint enterprise between Licensor and Licensee. 12 . Licensee covenants and agrees to and does hereby indemnify, hold hdrmless and defend Licensor, its officers, agents, servants - and employe-es, from against and against any and all claims O i is for�- Su property 'Loss or daimtage and"'or personal injury, including death, 7 to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in Connect-ion with the mainte- nance, use and occupancy of the described premises by Licensee, its officers, agents , employees, members, athletic and recrea- tional participants, licensees , invitees , contractors, subcon- tractors or trespassers ; and Licensee hereby assumes all liability and responsibility of Licensor, its officers, agents, servants and employees , for property loss or damage 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 connect'-ion with the maintenance, use, and occupancy of the described property by Licensee, its officers , agents, employees , members , athletic and recreational participants , licensees, invitees, contractors, subcontractors, or trespassers . Licensee shall likewise indemnify and hold harmless Licensor for any and all injury or damage to City property, arising out of or in connection with any and all acts or omissions of Licensee, its officers, agents, employees, members, athletic and recreational participants, contractors, subcontractors, licensees, invitees or trespassers . Licensee further covenants and agrees to fully indemnify and hold harmless Licensor, its officers, agents or A-- L employees, from all suits, actions or claims of any character, whether real or asserted, which might be brought by or for any person, firm or corporation for any injuries or damages of any nature whatsoever to persons or property arising on the City of Fort Worth' s property on which any member of the public will have to cross i 1 ordel- to reach the described premises . 8 Licensee will carry public liability insurance so indemni- fying Licensor and protecting the public in amounts which shall not be less than the maximum liability which can be imposed on the City of Fort Worth under the laws of the state of Texas . At present such amounts shall be as follows: Property damage $100,000 Personal injury or death, per person $250, 000 Personal injury or death, per accident $500, 000 with the understanding and agreement by Licensee that such insurance amounts shall be revised upward at the Licensor' s option and Licensee will so revise such amounts within thirty ( 30 ) days following notice to Licensee of such requirements . Licensee shall cause insurer to furnish Licensor a duplicate certificate of insurance. 13 . Licensee shall take good care of the premises and suffer no waste, Further, Licensee shall comply with all laws, federal, state and local, and with all ordinances and regulations of the State, County, City and other governmental agencies applicable to said premises and shall not make or allow to be made any unlaw- ful, improper, immoral or offensive use thereof . 14 . Licensee shall have no power to do any act or to make any contract that may Create or be the foundation for any 'Lien upon the pre�tltises or any interest therein, and should any such lien be Created or fi.ed, Licensee, at its own cost and expense, shall liquid, te and cllischarye t-he saire in full within ten ( 101 days 9 next after the filing thereof, and should Licensee fail to dis- charge the same, that shall constitute a breach of Licensee's covenant herein. 15 . At all times during the term of this agreement, Licensor shall have the right, by its agents and employees, to enter into and upon the premises 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 . 16 . Licensee covenants and agrees to provide the Director of the Water Department of the City of Fort Worth, 1000 Throckmorton Street, P.O. Box 870, Fort Worth, Texas 76101, in writing with the names and addresses of each and every elected official of Licensee within thirty ( 30) days of the date they take office. 17 . Upon execution of this agreement, Licensee covenants and agrees that this agreement shall be attached to and become part of the by-laws of the Blue wider Athletic Association. is. Licensee agrees and covenants, in the event this agreement is terminated or cancelled for any reason, Licensee shall deliver immediate Dossession, of said premises to Licensor. Upon such termination or cancellation, Licensee agrees to remove at its own expense any and all improvements and personal property from the des-cribed preri-di-ses and restore the any to its original condition. 0 Should Licensee -fail or refuse to deliver such immediate posses- sion upon termination or cancellation of this agreement, Licensor shall have the right to expel or remove, forcibly, if necessary, Licensee and Licensee's property and to restore said premises, and in such event Licensor shall not be deemed guilty of trespass and shall incur no liability as a result of such removal or restoration. All costs incurred by Licensor in the removal of such improvements and personal property from the described premises under this clause and the restoration thereof shall be an obliga- tion of Licensee, and Licensee shall reimburse Licensor for the cost of same. IN WITNESS WHEREOF, the parties to this agreement have here- unto set their hands and seal of office to duplicate originals on this,- day of 1990 . ATTEST: CITY OF FORT WORTH r By: e City Secretary --t ICENSOR y Manager - APPROVED AS TO FORM AND LEGALITY: City tto�rne Date:— BLUE RAIDER ATHLETIC ATTEST: ASSOCIATION kk 'U, Byz -LULL Secrethry z 6sideoft LICENSEE 11 Being 2 parcels 0,10 land out of a 2 ®0299 acre tract of land located in the dames W. Williams Surveyo Abstract glom 1599, in Tarrant County, Texas, said tracts being more particularly described in that certain deed from J. T. Williams to the City of Fort forth, Tetras, dated December 6, 1956, and recorded in Vol. 3060, page 521 , geed Records of Tarrant County, Texas, said parcels being described by metes and bounds as follows.. PARCEL l BEGINNING at a point on the cast line of said Water Department Tract, said point being North C degrees 16 minutes East a distance of 45.25 foot from a City of Fort Worth monunrlt Rio. 6122, THENCE NORTH 3 degrees 40 minutes 30 seconds West'a distance of 578.95 feet to the P. C. of a curve to the left Whose center bears South 6 degrees 19 minutes 30 seconds, and having a radius of 882.96 feet. THENCE along the arc of said curve to the left through a central 'angle of 7 degrees 50 minutes 29 seconds, a distance of 120.64 feet to a point for a curve to the right. Said point being 1 feet West of an OXisting fences THENCE angle right 42 degrees 03 minutes, to the tangent of said curve whose central angle is 55 degrees 43 minutes and having a radius of 181 .23 feet. THENCE along said curve for a distance of 176.24 feet to a point. THENCE angle loft 47 degrees 57 minutes to a bearing of North 41 degrees 40 minutes, West. THENCE North 41 degrees 4d minutes West for a distance of 110.72 feet to a point. THENCE South 66 degrees 15 minutes, West for a distance of 18.57 feet, to a point on the existing hater Department fences THENCE forth 0 degrees 16 minutes East a distance of 620.5 feet to a Pai said point laying 103.5 feet South of the North property line of the W. n er t Department tract. T"'NCE South 89 degrees 48 minutes 40 seconds East a distance of 852 feet to a point in the east line of said Water Department tract, T�EiCE South 0 degrees 16 minutes West along the east line of said Water Department tract a distance of 931 .15 feet to the place of beginning, and containing 18 acres more or less. Exhibit "A", q 1 PARCEL 2 BEGINNING at a point in the West line of the Water Department tract, said point being North 0 degrees 16 minutes East-a distance of 339.8 feet from the southwest corner of said tract. THENCE South 89 degrees 44 minutes East a distance of 348.9 feet to a Point for corner in the West line of parcel 1. THENCE North 0 degrees 16 minutes East a distance of 502.18 feet to a point for corner. THENCE South 89 degrees 43 minutes 40 seconds East a distance of 852 feet to a point in the East line of said Water Department -tract. THENCE North 0 degrees 16 minutes East a distance of 100 feet along the East line of said tract to the Northeast corner of said 'Water Department tract. THENCE South 89 degrees 47, minutes 30 seconds West for a distance of 423 feet along the North line of said Water Department tract .,to a point, said point being a City monument q 56190 THENCE North 89 degrees 44 minutes west for a distance of 777 feet along the North line of said tract to the Northwest corner of said Water Department tract. THENCE South 0 degrees 16 minutes West a distance of 605.05 feet along the West line of said Water Department tract to the place of beginning and containing 5.9 acres more or less. EYallb'lt "N" Pago, 2 City of Fort Worth e' xas Mayor and Council CommunIcation DATE REFERENCE SUBJECT: PAGE NUMBER LICENSE AGREEMENT WITH THE-BL-UL 8-07-90 **C-12470 RAIDER ATHLETIC ASSOCIATION RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a license agreement with the Blue Raider Athletic Association. BACKGROUND: On February 10, 1961, the City of Fort Worth and the Blue Raider Athletic Association entered into a lease agreement whereby the Association was granted use of Water Department property on the Russom Ranch Reservoir site for a ten-year period. On February 28, 1971, , the City Council authorized a lease for 10 years of 11.86 acres of the reservoir site. This acreage included the original 6.675 acres previously leased . On January 11, 1973, the Water Department gave the Association permission to use an additional 5.867 acres and advised that the same requirements in City Secretary Contract No. 6748 continued to apply. Early in 1980, the association installed two soccer fields on the north side of the property which the Water Department authorized the Association to use . At the same time, the president of the Association requested the City to pre- pare a new lease for 10 years, beginning September 1, 1980, and ending August 31, 1990. A license agreement was approved September 2, 1980. A new agreement redefining the rights privileges, duties and responsibilities of the respective parties and expiring August 31, 2000 is proposed. The license fee is one dollar ($1) per year. The agreement provides that the Blue Raider Athletic Association will have continued use of the property for their activities until such time as the Water Department requires the property for water storage or other needs. The agreement also provides enhanced communication between the Blue Raider Athletic Association and the Water Department to ensure that the Association understands and complies with all conditions of the license agreement. RG:f/6 APPROVEu LRY C1 T11 COUNCIL AUC S.UP-MiTTED FOR IHt- SPOS,'Tl C�TY 10ANAGEWS WSPOS�TICON BY -- —PROCESSED BY OFFtCE BY: Ramon Guajardo 6191 ED APPROloft ORIGiNATING OTHER LIE Tax Ls t PAPTMENT HEAD: Richard Sawey 8246 CITY SECRETARY FOR ADDITIONAL INFORMA ON CONTACT: kichard Sawey 8246 DATE