HomeMy WebLinkAboutContract 20295 CITY SECRETARY ---
STATE OF TEXAS CONTRACT NO ,X24 02—9 v,
KNOW ALL BY THESE PRESENTS :
COUNTY OF TARRANT
THIS LICENSE AGREEMENT is made and entered into this
day of � 1 19 by and between the "Licensor" , City
of Fort Worth, a municipal corporation situated in Tarrant and
Denton Counties, Texas, acting by and through its duly authorized
Assistant City Manager, and "Licensee" , Mayfest, Inc. , a Texas non-
profit corporation, acting by and through its duly authorized
President .
W I T N E S S E T H:
1.
(a) License of the General Premises . That for and in
consideration of the premises and the performance of the mutual
covenants and agreements herein contained and in consideration of
the payment by Licensee to Licensor of rental in an amount equal to
twenty percent (200) of the net operating profits derived by
Licensee from Mayfest ("net operating profits" to be defined as the
excess of revenues over operating expenses, less interest income
received on the funds held in reserve to pay future festival
expenses in the event that festival expenses exceed revenues in any
year) and other good and valuable consideration, Licensor hereby
covenants and agrees to permit the Licensee to have the use of a
certain part of Trinity Park, same being located in Fort Worth,
Tarrant County, Texas, and being depicted on Exhibit "A" , attached
hereto and specifically incorporated herein for all purposes
incident to -this agreement; and the same being delineated on the
ground by stakes; for a period beginning on April 22, and
OFFICIAL RECORD
CITY SECRETARY
W
through May 12, 1994, for the purpose of holding Mayfest 194 . For
subsequent years covered by this license agreement, the annual
license period shall be as set forth in a letter from the Parks and
Community Services Director to Licensee . It is an express
condition of Licensee' s obligation to pay the above rental to
Licensor that all sums received as rental by the Parks and
Community Services Department will be expended in carrying out
Parks and Community Services Department purposes as directed by the
Parks and Community Services Director.
(b) License of the Bingo Premises. Should Licensee choose to
conduct a bingo operation during Mayfest, it shall notify the Parks
and Community Services Director at least sixty (60) days in advance
of the festival . For and in consideration of a rental payment in
the amount of One Dollar ($1 . 00) per day for the period of the
annual Mayfest festival, Licensor hereby agrees to permit Licensee,
if Licensee so chooses and has given notice as provided herein, to
have the use of a certain part of Trinity Park, as more
specifically shown on Exhibit "A" , for a bingo operation in full
compliance with all applicable laws related to the conduct of bingo
games in the State of Texas, to be known as the "bingo premises" .
Revenues and expenses related to the bingo operation shall be
calculated separately and shall not be included within the
calculation of "net operating profits" for the purposes of Section
1 (a) , above.
(c) Whenever the term "premises" is used in this Agreement to
describe the property licensed for use hereunder, the term shall
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include both the "general premises" and the "bingo premises" unless
the context clearly indicates otherwise.
2 .
That the term of this Agreement shall be five (5) years,
beginning with the annual license period for Mayfest 1994 . In
addition, there shall be two (2) successive five (5) year renewal
options, which may be exercised only by mutual written agreement of
Licensor and Licensee.
3 .
That Licensee covenants and agrees that it shall take the
premises as it finds them. Licensee further covenants and agrees
that it will leave the premises in as good or better condition than
that which exists prior to its use of the premises . Structures,
buildings and/or appurtenances of any kind placed on said premises
in connection with Mayfest will be removed and the ground area
cleared not later than the last day of the annual license period.
4 .
That Licensor and Licensee mutually covenant and agree that
Licensor assumes no responsibility for any property placed on said
premises, and Licensor is hereby expressly released and discharged
from any and all liability for any loss, injury or damage to
persons or property that may be sustained by use or occupancy of
said premises under this agreement .
5 .
That Licensor and Licensee mutually covenant and agree that
Licensee will not do or permit to be done any injury or damage to
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any of said premises; but in the event any damage is done, Licensee
hereby covenants and agrees to reimburse Licensor therefore
promptly.
6 .
That it is agreed that any additional electrical or utility
service required by the Licensee will be furnished at its sole
expense .
7 .
That it is agreed that Licensee will comply with all laws,
federal, state and local, including all ordinances of the City of
Fort Worth, all rules, regulations and requirements of the Police
and Fire Departments, Parks and Community Services Advisory Board,
and any and all requirements specifically made by the Fire Marshal
in connection with Mayfest and shall obey all other regulations of
the City of Fort Worth. Licensee further covenants and agrees that
it will obtain and pay for all necessary permits, licenses and
taxes in connection with Mayfest .
Licensee covenants and agrees that it will not do or suffer to
be done anything on said premises during the term of this lease in
violation of any such laws, ordinances, rules or requirements, and
that if the Licensor calls the attention of said Licensee to any
such violation on the part of said Licensee or any person employed
by or admitted to said premises. by said Licensee, then Licensee
will immediately desist from and correct such violation or vacate
the premises .
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8 .
That Licensee covenants and agrees that no decorative or other
materials shall be nailed, tacked, screwed or otherwise physically
attached to any part of the property of the Licensor without the
consent of Licensor.
9 .
That Licensee covenants and agrees to indemnify and hold
harmless Licensor, its officers, agents, servants and employees,
from and against any and all claims or suits for damages or
injuries, including death, to persons or property arising out of or
incident to the use and occupancy of the premises, and the
operations thereon; and Licensee does hereby assume all liability
and responsibility for injuries, claims or suits for damages or
injuries, including death, to persons or property, of whatsoever
kind or character, Whether real or asserted, occurring during the
term of this lease in connection with the use or occupancy of the
premises by Licensee, its officers, agents, servants, employees,
contractors, subcontractors, licensees or invitees. Licensee
further covenants and agrees to obtain and keep in force during the
term of this lease a policy providing for bodily injury and
property damage insurance in amounts as follows :
Property damage, per accident $100, 000
Personal injury or death, per person $250, 000
Personal injury or death, per accident $500, 000
with an insurance, company satisfactory to Licensor and naming
Licensor as additional insured and to furnish Licensor a copy of
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such policy of insurance company, that such insurance is in full
force and effect according to the terms hereof .
10 .
That Licensee shall operate hereunder as an independent
contractor as to all rights and privileges herein contained and
nothing herein shall be construed as creating a partnership or
joint enterprise between Licensee and Licensor.
11 .
That Licensee further covenants and agrees that, if it is a
charitable association, corporation, entity or individual
enterprise having or claiming an immunity or exemption (statutory
or otherwise) from and against liability for damage or injury to
property or persons, that Licensee hereby expressly waives its
rights to plead defensively such immunity or exemption as against
Licensor.
12 .
Licensee agrees that, during use of Patks and Community
Services Department facilities, Licensee will not subject anyone to
discrimination in any way because of the person' s race, color or
national origin, age, or handicap. No one can be excluded from the
event or denied the benefits of the event because of race, color or
national origin, age or handicap.
13 .
That Licensor and Licensee mutually covenant and agree that
Licensor, acting by and through its authorized representatives,
shall have at any and all times the full and unrestricted right to
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enter the premises leased for the purpose of inspecting and
maintaining the same and doing any and all things with reference
thereto which the Licensor may deem necessary for the proper
conduct and operation of public parks .
14 .
Licensee shall be responsible for furnishing, at Licensee' s
expense, all emergency medical services necessary during the annual
Mayfest license period. Licensee shall provide, at Licensee' s
expense, for the number of dedicated standby ambulance units at the
leased premises as may be required by the City and shall use the
City' s licensed provider, Medstar, for this purpose .
is .
That Licensor and Licensee mutually covenant and agree that
this writing constitutes the sole and only agreement between
Licensor, the City of Fort Worth, and Licensee, Mayfest, Inc . ,
regarding Mayfest and any and all previous agreements, whether oral
or in writing, between said parties pertaining to the license of
said premises for the purpose of holding Mayfest are hereby
terminated and canceled and declared to be of no further force and
effect . No prior or contemporaneous written or oral agreement of
any nature exists to alter or modify the terms of this agreement .
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement this day of 19�.
ATTEST: CITY OF RT_ WORTH
By:
.,City Secretary Assistant ty Manager
APPRO ED AS TO FORM AND LEGALITY:
a
Assistant City A tor/ney
Date:
MAYFEST, INC.
By: \I 'w
'! President
Contract Authorization
- - 97
Date
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STATEOF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
for the State of Texas, on this day personally appeared ZIA60
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 of the City of Fort Worth and that 5h e, - executed the
same as the act of the said City of Fort Worth for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
19
BETTY S.HA MIN
W COMMISSION EXPIRES Notary PulAic in and for
ApA111,1998 the State of Texas
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Publi in and
for the State of Texas, on this day personally appeared �KZJA-je- -
L-kyLo . 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 of Mayfest, Inc. , and that he/she executed the
same as the act of said Mayfest, Inc. , for the purposes and
consideration therein expressed and in the capacity therein stated.
IU N UNDER MY D AND SEAL OF OFFICE this _30�'- day of
PAT BEARDEN
Notary Public in and for
@
MY GotImISSION EXPIRES the State of
July 27, 1994
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City of 1 oil o bi, Texas
Mayor
Communication
DATE REFERENCE NUMBER LOG NAME PAGE
02/22/94 **C-141821 80MAYFES 1 of 2
SUBJECT LICENSE AGREEMENT WITH :(VIAYF:EST,. INC
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a license
agreement with Mayfest, Inc. for an initial term of five (5) years and two (2) five (5) year
options, for the annual presentation of Mayfest in Trinity Park.
DISCUSSION:
Mayfest has been a popular and successful annual event in Trinity Park since 1973. Mayfest
is sponsored by the Junior League of Fort Worth, the Streams and Valleys Committee, the
Tarrant County Water Control and Improvement District No. 1 and the Park and Recreation
Department. Mayfest, Inc., is a Texas non-profit corporation organized for the sole purpose of
presenting Mayfest. Its board of directors is made up of representatives from the four
sponsoring organizations.
Mayfest attendance typically exceeds 100,000 persons. There are approximately 200 scheduled
events which are presented by 6000 volunteers from more than 150 organizations. More than
300 contributors provide financial or in-kind donations. Mayfest proceeds are used for river
beautification projects, community improvement programs and for Park and Recreation
Department programs, equipment and facility improvements. The Park and Recreation
Department receives twenty percent (20%) of the net operating profits from the festival.
In order to streamline the agreement process eliminating the need for annual review and
approvals of the Mayfest agreement by staff, the Park and Recreation Advisory Board and the
City Council, a multiple year agreement is proposed with a five (5) year initial term and two (2)
five (5) year options, subject to a cancellation clause.
The proposed agreement would require Mayfest Inc. to provide indemnification for the City of
Fort Worth, public liability insurance, site preservation and maintenance, traffic control, security
and coordination with City staff of all arrangements for use of the site including any
announcements by corporate sponsors at the park.
As in previous years, Mayfest would be required to present a satisfactory plan to prevent the
consumption of alcoholic beverages by minors. In accordance with City Council policy, festival
equipment shall be made available to Mayfest, Inc. without rental charges. The Park and
Recreation Department shall continue to receive 20% of the net operating profits which shall be
defined as the excess of revenues over operating expenses, less interest income on funds held
in reserve to pay future festival expenses in the event that festival expenses exceed revenues
in any one year.
oe a Printed on recycled paper
City of Fort Wotf h. Texas
Mayor and Council Communication
DATE REFERENCE NUMBER
02/22/94T **C-14182 7 80MAYFES PAGE 2 of 2
SUBJECT I LICENSE AGREEMENT WITH MAYFEST, INC.
The dates' for Mayfest 1994 will be May 6 through May 8; however, the Mayfest area will be
closed to the. public from April 22 through May 12, 1994 in order to allow for setup and
takedown. Under the proposed agreement, future festival dates shall be subject to the approval
of the Park and Recreation Director.
At its December 21, 1993 meeting the Park and Recreation Advisory Board concurred with
staff's recommendation to "execute a multiple year agreement with Mayfest, Inc. as described
above."
FISCAL INFORMATION/CERTIFICATION:
The Park and Recreation Department is responsible for the collection and deposit of all funds due
the City under this agreement.
LW:q
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
FE72 488203 080502110030 APPROVED
Libby Watson 6140 CITY COUNCIL
Originating Department Head:
FEB 22 1994
Richard Zavala,Jr. 8700 (from)
)
For Additional Information City-ui swTowry of&a
Contact: Fort Woit4 Toms
Richard Zavala,Jr. 8700
0-Printed on recycled paper