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ANIMAL TRANSFER AND TRUST AGREEMENT
STATE OF TEXAS § T�-:4(j W11 1 ��
COUNTY OF TARRANT §
THIS AGREEMENT is made and entered into by and between the City of
Fort Worth, Texas ( "City" ) , a home-rule municipal corporation
situated in Tarrant and Denton Counties, and the Friends of the
Fort Worth Nature Center and Refuge ( "Friends" ) , a Texas nonprofit
corporation, both parties acting herein by and through their duly
authorized representatives.
The parties agree as follows:
1. Purpose. The purpose of this agreement is to transfer legal
title to twelve ( 12 ) American Bison located at the Fort Worth
Nature Center and Refuge from the City to the Friends, said legal
title to the animals to be held in trust for the public with the
City of Fort Worth as the named beneficiary. The conveyance of
legal title to the Friends will facilitate the sale or trading of
the animals to maintain genetic diversity, enhance the welfare of
the animal herd, and assist in the preservation of this asset for
the benefit of the public.
2 . Conveyance. City hereby conveys to the Friends (hereinafter
sometimes referred to as "Trustee" ) legal title in and to the
twelve ( 12) American Bison located at the Fort Worth Nature Center
and Refuge as of the date of this agreement, any offspring of said
animals, replacements and/or additions to the herd in the future,
and the monetary proceeds from the sale or other conveyance thereof
(hereinafter collectively referred to as the "trust assets" ) , to be
held in trust for the benefit of the public with the City of Fort
Worth as beneficiary and representative of the public interest.
Said conveyance in trust is in consideration of the covenants and
conditions contained herein to be kept and performed by the
Trustee.
3 . Covenants and conditions. The Trustee agrees to care for and
manage the trust assets at its sole expense for the benefit of the
public utilizing proper and reasonable methods consistent with
current and future best management practices so as to provide
benefits and enjoyment to visitors of the Fort Worth Nature Center
and Refuge. All monetary proceeds from the sale, conveyance or
other transactions involving the trust assets shall likewise be
held in trust and used solely to provide for maintenance, care or
replacement of the trust assets. The Trustee agrees to keep proper
books and records of account concerning the trust assets and to
make same available to the City upon request.
OFFORAl RECI'?
MY SERITARY �
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4 . Powers of trustee. Trustee shall have the right and the
obligation to manage the trust assets using sound management
practices. Trustee shall have the power to sell, lease or
otherwise convey trust assets without requiring the joinder of the
beneficiary hereunder. Trustee shall have the power make additions
to the trust assets through purchase, gift or otherwise.
5. No financial obligation of the City. It is understood and
agreed that while the City may in its discretion provide services
and/or funding to assist the Trustee in the performance of this
agreement, nothing herein obligates the City to do so. Provided
further, that nothing herein shall be construed as authorizing the
Trustee to bind the City to any financial obligation concerning the
trust assets, directly or indirectly.
6 . Complete agreement; amendments. This instrument contains the
full and complete agreement of the parties and there are no prior
or contemporaneous oral or written agreements which vary the terms
hereof. Any amendments to this agreement must be in writing and
signed by the authorized representatives of the parties to be in
order to be enforceable.
7 . Choice of law; venue. This agreement shall be governed by the
laws of the State of Texas. Exclusive venue for any action, at law
or in equity, arising directly or indirectly out of the terms of
this Agreement shall be in Tarrant County, Texas.
EXECUTED on this, the ca day of �> A-c� , 1996.
ATTESTED BY
FRIENDS OF THE FORT WORTH NATURE
CENTER AND REFUGE
C- Is 1 B
B. J. OQ11ins
Tte�-� �°�- ---- President
APPROVED AS TO CITY OF FORT WORTH
F07, AND LEGALITY:
By:
Assistant Cit Attorney Li by Wats n
Assistant City Manager
Date:
2
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE , the under gned authority, on this day personally
appeared , President of
Friends of the Fo Worth Nature Center and Refuge, known to me to
be the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same for the purposes
and consideration therein expressed and as the act and deed of said
corporation.
IVEN UNDER MY HAND AND SEAL OF OFFICE this the �� day of
1996.
GINNY YOUNG
NOTARY PUBLIC N ary Publi in nd for id
STATE OF TEXAS State of Tex s
My Comm.EXP.3-9-98 n
My Commission expires: 7
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, a unde i ed authority, on this day personally
appeared , Assistant City
Manager for Lify of rt Worth, a home-rule municipal corporation,
known to me to be he person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the
same for the purposes and consideration therein expressed and as
the act and deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 12j day of
1996.
•�ARP►N'
J, .04 /--;,_// 2
`?Ry Pie.. < of y Public a for said
? e- •; State of Texa
v
� Nay Commission expires:
OF
3
City of Fort Worth Texas
Mayor and Council Communication
DATS REFERENCE NUMSSR Lot- NAME ]PAGE 12/12/95 C-15189 80NATURE 1 of 1
SUBJECT ANIMAL TRANSFER AND TRUST AGREEMENT WITH THE FRIENDS OF THE FORT
WORTH NATURE CENTER AND REFUGE FOR MANAGEMENT OF BISON
COLLECTIONS
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to execute the attached
contract with the Friends of the Fort Worth Nature Center and Refuge to transfer the Bison herd
at the Fort Worth Nature Center and Refuge to the Friends to be held in trust for the benefit of
the public.
DISCUSSION
The Friends of the Fort Worth Nature Center and Refuge (Friends) has proposed to the Parks and
Community Services Department the transfer of ownership of the Bison herd located at the Fort
Worth Nature Center. The Nature Center staff has researched various options and determined
the Friends proposal would establish a more effective management system for the herd. Such
a transfer would facilitate the selling or trading of Bison to insure the genetic health and diversity
of the animals, enhance the overall welfare of the animals by providing food, facilities and
veterinary care, and assist in the preservation of this asset for the benefit of the public. A similar
arrangement exists with the Fort Worth Zoological Association for animal collections at the Zoo.
Attached is the Animal Transfer and Trust Agreement that has been prepared by the Department
of Law and reviewed and approved by the Friends of the Fort Worth Nature Center.
At its regular meeting on September 19, 1995, the Parks and Community Services Advisory
Board voted to "endorse staff's recommendation to the City Council to approve the transfer of
the Fort Worth Nature Center and Refuge Bison herd to the Friends to be held in trust for the
benefit of the public."
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that this Council action will not require the expenditure
of City Funds.
LW:a
Submitted for City Manager's FUND ACCOUNT CEN'T'ER AMOUNT CITY SECRETARY
Office by: (to)
Y G ovFD�1}
Libby Watson 6183 CIT COUNCIL
Originating Department Head: 'DEC Richard Zavala,Jr. 7275 (from) E 12 11%
For Additional Information
Contact: of Fort wma1k?bow
Richard Zavala,Jr. 7275
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