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HomeMy WebLinkAboutContract 24130 CITY SECRETArj (__'0i 1TRACT NO. jlilso LICENSE AGREEMENT COUNTY OF TARRANT � STATE OF TEXj\S WHEREAS, the City of Fort i/!e`orth is the owner of a tract of land located alone Alta Mesa Boulevard, Fort Worth, Tarrant County, Texas; and WHEREAS,' the Blue Raider Athletic Association, Inc., has requested that the City of Fart Worth approve the use of a portion of said [arid by the Blue Raider AtVn'etic Association, Inc. for the purpose of operating a public recreation facility.thereon; NOW, THEREFORE The City of Fort Worth, a home-male municipal corporation in Tarrant and Edenton Counties, Texas, hereinafter referred to as"City"and the Blue Raider Athletic Association, Inc., a non-profit corporation, duly organized under the laws of the State of Texas: hereinafter referred to as "Licensee", hereby make and enter into the following license agreement: 1. City hereby grants unto Licensee: and Licensee here ;, accr~pts, the privilege to use and Occupy certain property descr`ed herein for the pw'po e s;:` conducting public outdoor athletic activities and other . ,: = incident to s,uci6 purpose, including the maintenance of said premises and the .;, d}y=-;:,.%:.;at,€+rf¢;lereon. The demised premises are des(,r.;,�;' 7:. : -ircel 1 and Parcei 2 in the field notes marked Exhibit "A" and outlined in blue on bl.: A8.1 marked Ex,iibit "S"; Exhibit "C" dated 4/17/90 delineates the hall fields and subsequeiit numbering; all Exhibits being attached hereto and incorporated herein for all purposes incident to this agreement. 2. C As consideration for this agreement, Licensee covenants and agrees to pay to City the Sum of One Dollar and No/Cents ($1.00) per year. The initial payment shall be due and payable on the date of execution of this agreement and each payment thereafter shall be due and payable on or before the 1st days of September of each successive year of this license. As additional consideration for the granting of this license agreement, Licensee agrees to maintain, at its expense and in a condition acceptable to the Parks and )mrnunity Services Director ("Director") the property demised h g und ---Seep Y it ka��ci%fit' � ain? nI �Nt � maintenance ahall. consist of moving and removal of traz_ih and !fitter from Parcels 1 and 2 and maintenance of all improven'rerits and structures located on Parcel 1 and Parcel 2_ 3. This license agreement shall be for a period of 'ten (10) years commencing on September 1, 2000, and terminating August 31, 2010, unless either party hereto pursuant to the termination provisions expressed herein affects a prior termination, and provided further that City Secretary Contract No. 18093 is in full 'Force and effect as of the commencement date. In the event this license agreement is terminated or License is evicted from the premises for any reason, City shall not be responsible f0r any personal property of Licensee remaining on the premises at that time of said eviction or termination, and said personal property shall be deemed abandoned by Licensee if such remains on the premises at any time thirty(30) days subsequent to the termination of the agreement. On the dissolution of Licensee, this agreement shall terminate by operation of lava. 4. It is expressly provided that City shall have the right to terminate and cancel this agreement without cause upon sixty (60) days written notice to Licensee. It is expressly provided that Licensee shall have the right to terminate and cancel this agreement without cause upon sixty (60) days written notice to City. l i Licensee covenants and agrees that it will not subcontract or assign all or any part of its rights, privileges or duties under this agreement without the prior written consent of City; any attempted subcontract or assignment of same with-out such prior consent of City shall be void. i 6, i E Licensee is given the right to sell goods and services on the demised premises with the prior written approval of the Director. It is intended and understood by the Licensee and City that said concession shall be managed and operated by and for Licensee, a non-profit organization, acting through its officers and successors in office. Licensee may charge entrance and user fees admission for the entrance to or use of any part or all of the premises or any facilities constructed thereon, with the prior written approval of the Director. The amount of any fees to be charged by Licensee and all rates and prices charged by Licensee for accommodations, food and services BLUE RAIDER LICENSE AGREEMENT PAGE 2 of 95 I" J a . t"ir' 71i'da^r 5+9 ., � 3a .�, a�. ;S xi 4 ' �r � •� ti � •, � et I � ,:j�4�+� s1.�e,�4�ti v �` �,( 1° , ,,°'�, �.,,, '��� � ;P„a �;., i'• � 4� �� . ;':Y�'r !L 't'., . . .a-; .. ,:..•��.._�.c.s.�...u�:t.u.�-:„:. ...:;sw,._.e,�.;.,Dui...,w..u.;u:i..,..,...�,..:::>;,• ;.�,:....i..r�y,,:.n;Sw., .�€'�,°�e. � e , . �cv�e,sutie,a,a1z�41�x., furnished or sold to the public shall be subject to regulations and the prior approval of the Director. 7. Licensee shall, not less than 60 days prior to any fee increase during each year that this license remains ir, effect, submit to the Director for approval a list of fees, rates and prices proposed for the following twelve (12) months. Licensee shall furnish just*,fication for any proposed fee, rate or price increase or decrease. The Director will give written notice to the Licensee of his approval of or objection to any proposed fee, rate or price and will, if appropriate, state an approved fee, rate or price for each item to which an objection has been made, Licensee shall keep a schedule of such fees, rates or prices posted at all times in as conspicuous place an the demised premises. If Licensee desires to increase any of such fees, rates and prices within the stated period, Licensee shall make written request to the Director who may consider such increase. 8. All moneys received by Licensee from operations conducted on the licensed premises, including but'no limited to, entrance and admissiog fees and user fees, and rental or other consideration received from its concessionaires, may be utilized by Licensee for the administration, maintenance, operation and further development of the licen?ed premises. 9. Licensee covenants and agrees that it will not permit, at any time, the sale of alcoholic beverages on the demised premises, nor shall Licensee permit the consumption of alcoholic beverages on the demised premises. 10. Licensee agrees that it will obtain and pay for all necessary permits, licenses and taxes incurred or required in connection with the operation hereunder. 11. Licensee will be permitted to construct and maintain facilities on Parcel I for recreational purposes, such as temporary grandstands, refreshment stands, structures for sanitary facilities, paved sidewalks and similar installations subject to the written approval of the Director. Licensee will be permitted to install and maintain a refreshment stand and restroom facility between Fields 5 and 6 (ref. Exhibit C). In addition, Licensee will be per ' mit led to install and maintain unlighted T-ball fields on Parcel 2. However, it is specifically understood and agreed that no permanent fences, backstops, grandstands BLUE RAIDER LICENSE AGREEMENT PAGE 3 of 15 i. ........... 3 4,,WN.91111,1 t�""gi loom= it t or other permanent improvements will be permitted, erected, or maintained on Parcel 2. The sire and placement of the unlighted T-Mali fields on Parcel 2 is subject to the written � approval of the Director. All irnproverrEents now or hereafter constructed on the premises shall comply with the City of Fort Worth's Building Code and all other applicable laws, ordinances F,nd regulations of the City of Fort Worth. 12, a It is hereby acknowledged by the parties hereto that lighting facilities have been installed and prc,!sently exist upon Parcel 1 and that licensee shall be permitted to continue to 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 rl on Fields 5 nand 6. The prior written approval of the Director or his authorized �k�e representative is.required prior to the installation of any such facilities. however, it is i� specifically understood 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 #8 (ref Exhibit C) without oxpre s;�written Approval from the Director and the adjacent property owners, nor shall any additional or increased lighting or lighting facilities be installed on Fields#3 and 44, except that Licensee shall be permitted to erect and maintain one pole security light.between Fields #3 and #4. Reasonable replacement and maintenance of lighting i 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 recreationai 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 90:00 p.m., or upon the r i conclusion of any lather recreational activity upon Fields 3 and 4 the geld lights will be c turned off. Thereafter, the only lighting permitted, oth:r r than the one pale security light between Fields 3 and 4, shall be lighting necessary to pick up trash, litter and debris and 3 to generally clean the area. 93. Upon completion ,.ind acceptance of construction, title to all permanent improvements shall vest in City, subject to the right of refnribur-sernent as provided for elsewhere herein. Approvr;:s by the City shall not constitute or bey deemed a release of the responsibility astd liability of Licensee, its agents, servants, employees, contractors and subcontractors for the accuracy cl;id competency of its designs, working drawings, and specifications or other engineering documents. Such approval shall not be deemed to :.,e an ass uF^ption of such responsibility and liability by City for any defect in the BLUE RAIDER LICENSE AGREEMENT PAGE.1 of 15 MINIM ��6� iG���@d J�.I IE�4.'i1,.•... i I cle"tigns, working drawings and specifications or other engineering documents prepared by L6laensee, its agents, servants, employees, contractors and subcontractors, (it being the intent of the parties that approval by City constitutes approval of only the general design concept of the improvements to constructed). '14. Licensee shall Lie permitted to maintain upon Marcel 1, a public address s 'stern 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 adjacent 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 City concerning noise, including but not limited to Section 23-8 of Chapter 23 of the Code of the City of Fort `North (1986), as amended. In this connection, Licensee agrees that it vvill not create any noise, by loud speaker or othenarise, of such character, intensity or continued duration which substantially interfere, with the comfortable enjoyment of private horses 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 annu oncements. Licensee shall remove speaker or speakers at request of Director. a 5. Licensee covenants and agrees that said recreational complex will be constructed, operated, and maintained in compliance with all lams, ordinances, males, regulations and specifications of all federal, stute, county, city and other governmental agencies applicable to said demised premises now or hereafter in effect and shall not make or allow to be made any unlawful, improper, immoral or offensive use thereof. 16. L.ioensee in AS construction, maintenance, occupancy, use or operation of said recreation complex shall no: discriminate against any person or persons because of race, age, sex, religion, color, national origin, or handicap. Licensee, in the constructicri of permanent improvements on the demised premises, shall further comply with City of Fort Worth Ordinance No. 11923, as amended, (Minority and 10Jomen Business Enterprises) as if it were the City contracting for-such improvement, 17. Licensee shall make the recreational facilities and accessory facilities on the dernised premises available to other groups as scheduled by Licensee. j. BLUE=RAIDER LICENSE AGREEMENT PAGE 5 of 15 l t � r,�.��� � ��`�:;�'��,i�a�` �nti'i�, ,; �� �`a�"�j; 3„� t,� f ;y' '; r���� r '� y' ��,„y'•t�,� �.�,r,'� � N�.. � .��.ai K_..��'_��!,i'6U,?� � � l.I'f`�i '4� � . '.�•�rrf�k^�.-..^�a F�a�•1 E�'.`�' { 4. BOOM,.. MIME.. .... '�+ 'dd' s"1:±aN:, «• e.�'t't)� R�"�F"� 9 r r ij�� r L v! Y h Chine t � SO �r § °� r ti ir�° 16L � of � Y�]�v� ti1� CcCRI t`I t � adt�9ia«s2��P i� Licensee covenants and agrees that it will not permit the use of loud, abusive, foul, or obscene language by any person or persons upon said premises, and that use of such language by any person or persons upon said premises shall result in the rue-nnoval of that person or those persons from the premisea by Licensee, its members, agents or employees. 19. Licensee agrees that at all times during the tarm of this agreement it will keep all growth of%weeds and other objectionable vegetation on said property from reaching such condi�Jons as to violate governmental requireraents, if any, or be hazardous and/or objeL;tionaole to City and/or adjacent property owners. 20. Licensee agrees than Licensee will maintain the premises and keep same in good repair at Licensee's sole cost and expense. All maintenance, repair and upkeep of the premises shall be in accordance with all applicable feder,.'. state and local laws, rules, regulations, and specifications. Licensee shinii not neither cornmit nor allow to be committed any waste on the premises, nor shall Licensee maintain, commit or permit the maintenance or commission of any nuisance on the premises or use the premises for any unlawful purpose. 21. Licensee will do all work and make all repairs necessary or advisable to keep tile surface of the demised premises from deteriorating in value or condition and to restore and maintain the demised premises and improvernerts thereon, excepting normal wear and tear. City shall have the right and privilege, through its agents and representatives, to make inspections of the demised pr6mises and thereafter to make recommendations to Licensee of any repairs that, in City`s opinion, are necessary to be performed by Licensee upon the demised premises in accordance with the 'foregoing. Unless otherwise specifically agreed to in writing by City acting in its sole discretion, Licensee covenants and agrees that it will commence repairs within sixty (60) days from the date II that such recommendations are made. Such repairs will be made in expeditious and workmanlike manner. In the event that Licensee shall 'Fail to undertake such reconairnerided repairs within the time provided, it is understood and agreed that City may, within its discretion, undertake to rnake such repairs as it may deem necessary for and on behalf of Licensee, and in such event, the Cost Of such repairs shall be an BLUE RAIDER LICENSE AGREE-MENT PAGE 6 of 15 IN 1,at,HIM=MIX obligation can Licensee to pay ;game upon demands by City following the Completion of such repairs. 22. Collection and proper disposal of trash, garbage, litter ws d debris will be the responsibility of Licensee, at its sole coast and expense. 23. At all times during the terns of this agreement, City shall have the right, through its agents and representatives, to enter into and upon the premises during reasonable business hours for the purpose of examining and inspecting the same for the purpose of determining whether Licensee shall have complied with ail of its obligations hereunder in respect to the use of the premises. 24. Licensee agrees to and does hereby accept possession of the demised premises in their present condition and warrants that it has found Pnern suitable for all purposes under this license agreement, and free of any hazards or dangerous conditions that would be unsuitable for a place where largos numbers of the general public are expected to gather. 25. Licensee accepts the property herein described subject to all previous easements, if any, that may Frave been .ranted ors, along, over, under or across said property, and releases Cif:y from any and all damage;-,, claims for damages, loss or liabilities that may be caused to all invitees, licensees, or trespassers by reason of thFs exerise of such rights or privileges granted in said easements. It is understood that this land is crossed by overhead and underground electric distribution and transmission lines and related facilities and may in the future be crossed by additional lie's, 26. s Licensee covenants and agrees that City shall in no way nor under any circuwtances be responsibla for any damage to proparty belonging to Liuen ,ee, its members, employees, agents, contractors, subcontractors, invitees, licensees, or z� trespassers, which may be stolen, destroyed, and Licensee hereby :-eases City from any responsibility therefore and agrees to indemnify, defend and holn harmless City from C : and against any and all such claims. BLUE RAIDER LiCENSE AGREEMENT PAGE 7 of 15 ,'� r.d, yg}pia t`tit _r t �I e*' rf�yyONE�l' F ri S1 r 1 i�� n ��}VME �i��',E t�}�ilf�� �� 27. Licensee covenants and agrees to and does heaeby, indemnify, held harmless, and defend, City, its officer,, agents, servants, and employees, from and against any and all claims or suits for property loss or damage, loss and/or personal ir:j xy, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection ,P ith directly or indirectly, the r,6aintenance, use, occupancy, existence, or location of said demisked premises, whie$h�^r or not caused in whole or in part, f the allee .ageni s ervara s erppipyees., customers, ccintractors., aubcontlractors, licensees or invitees of Cy r; and Licerruae hereby assumes all liability and responsibility of City, its officers, agents, servants, and employees. Licensee: shall likewise indemnify and hold harmless City for any c,nd all injury of damage to said premises, whether arising out of or in ' connection with any and all acts or omissions of Licensee, its officers, agents, servants, employees, contractors, subcontractors, licensees, invitees, patrons, or trespassers, or caused, in whole or in,part, by the alleged negligence of officers, agents, servants, employees, patrons, contractors, subcontractors, licensees, or invitees of City. 28. Licensee shall p-a.y promptly when due all Bills or charges for construction or maintenance as well as any other arnounts due for materials, services, and labor- furnished in connection herewith, and shall indemnify City for non-payment of same. Licensee shall indemnify City against any and all mechanic's and rnaterialme;n's liens or any other type of claims or liens imposed upon the premises arising as a rescrlt of Licensee's conduct or inactivity. 29. If Licensee, as a charitable association, corporation, entity, or individual enter- prise, has or claims an immunity or exemption (statutornt or otherwise)from and against liability for damage or injury to property or persons, Licensee hereby expressly waives its rights to plead defensively such immunity or exemption as agair.,t City. 30. Licensee agrees that it will prier to the effective date hereof, provide City with a ceii-Vticate of insurance as proof that Licensee:h.,�s secured and paid for a policy of public liability insurance covering all public risks related to the license;, use and occupancy of the demised premises. At present, the amount of such insurance shall be as follows: BLUE RAIDER LICENSE AGREEMENT RAGE 8 W'15 i r„4 �II Gorrinnercial General Liability Insurance, $1,000,000 each occurrence The policy shall include coverage for grandstands, also known as bleachers. Products/completed operations coverage shall riot be excluded from the policy. Eitner liability coverage for injury or damage to participants/enrollees/patrons using the facilities of the Blue raiders shall be included in the insurance policy or such coverage shall be maintained under a separate insurance policy at the limit per occurrence specified herein. Automobile Liability Insurance $1,000,000 each accident the policy shall cover any auto used in the course of Licensee's operations Property Insurance Building improvements inciudincg all structures and appurtenances on the demised premises shall be insured at the limit of no less than eighty percent (00%) of their replacement cost value. Amounts of insurance shall be revised at the City's option and Licensee will so revise such amounts within thirty! (30) days folloli±ing a.icensee's receipt of written notice of such requirements. Licensee's insurance policy(s) shall be in compliance with the following items: The City of Fort Worth shall be endorsed as an additional insured on Licensee's insurance policy(s) as to the demised premises. m All insurance and in,°users for policies of the insurance required herein shall be acceptable to the City of Fort Worth. Licensee's insurance policy(s) shall each be endorsed with a thirty (30) days notice of cancellation or non-renewal. Licensee's insurance policy(s) shall each be endorsed with a waiver of subrogation in favor of the City of Dort Worth, as respects Licensee's operations under this agreement and relating to the demised prern:sPs. ® Licensee shall require any and all users to maintain liability insurance at the limits specified herein for the Licensee, and Licensee's insurance shall provide coverage for any and all users in the event any user fails to have insurance: coverage in effect if a claim of damage arises out of their operations or products. Licensee's contractors for construction projects shall be required by Licensee to maintain Commercial General Liability and Automobile Liability Insurance coverages at no less than $1,000,000 per occurrence and such contractors shall be required to maintain statutory workers' compensation insurance. 31. Licensee shall conduct all activities on the demised premises as an independent { contractor, and not as an officer, agent, servant or employee of City; Licensee shall have exclusive control of and the exclusive right to control the activities perfonned on the BLUE RAIDER LiC:ENSE AGREEMENT PAGE 9 of 15 .W...•.._...,.W , ,,>r �' sS�.,. S•+ 'S r ! cR 4¢{��'�� �S' 'fit � �S i '��e1 ,�oc"L� t�? �„ � <�t(.d+r a`.vuti{. ,�1.. wdi ,�.' 3: F''.ut �t.".�,.{�i :� ,� u + irt' i tai' lfktl i .n��'.�! +• ... demised premises, and all persons performing same, and shall be responsible for the acts and omissions of its members, officers, agents, employees, contractors, subcontractors, licensees and invitees; that the doctrine of respondent superior shall not apply as between City and Licensee, its rnernabers, officers, agents, servants, employees, contractons, subcontractors, licensees and invitees; and nothing herein shall be construed as creating -4 partnership or joint enterprise between City and Licensee. 32. Licensee shall have the right to erect signs in compliance with all federal, state and local statutes, ordinances, raffles, regulations, and specifications, displayir,g the facilities and the sponsorship of the activities by the Licensee, subject to the prior written approval of the Director. 33. Licensee shall, at its sole cost and expense arid subject to the prior written approval of the Director, have the right to locate necessary utility lines on the demised premises and adjacent property that City has the right to occupy. 34. Licensee covenants and agrees that it shall do no act nor make any contract that may create or be the foundation for any lien upon or interest in the demised premises, and any such contract or lien attempted to be created shall be void. Should any purported lien on the demised premises be created or filed by reason of any act or contract of Licensee, Licensee, at its sole expense, shall liquidate and discharge same within ten (10) days next after notice of filing thereof; and shculd Licensee fail to discharge same, such failure shall constitute a breach of the covenant herein. In this regard, if improvements to be constructed on the demised premises exceed $25,000, Licensee shall require its contractor to provide performance and payment bonds in the full amount of the contract. City and Licensee shall be named as dual obligees. The surety on em bonds shall be meet the requirements of Chapter 225 53' Government Code, and shall otherwise be acceptable to City. 35. Licensee covenants and agrees that in the event of a breach of any covenant contained herein by Licensee, then and in that event, City may, at its option declare this agreement forfeited and terminated as to the balance of the term. BLUE RAIDER LICENSE AGREEMENT PAGE 10 of 15 �m1i , lid 36. On or before the date of expiration of this license or its cancellation, Licensee shall vacate the demised premises, remove all property of Licensee therefrom and restore the prerises to a condition satisfactory to the Director. If the City revokes this license, Licensee shall vacate the premises, remove said property therefrom, and restore the premises aforesaid within such time as the Di,ector shall reasonably designate. In either event, if Licensee shall fail or neglect to remove said property and so restore the premises, then said property shall become the property of then City. In the event the license granted hereunder is terminated for convenience pursuant to paragraph 4 hereof, City will reimburse Licensee for all approved permanent improvements constructed and completed during the term hereof but prior to December 31, 2005 lef, on the demised premises, but not for any permanent improvements constructed after such date. Reimbursement for such permanent improvements shall be made on a prorated straight-line basis for each year that would have remained on this license if not earlier terminated. Reimbursement for approved permanent improvements completed after December 31, 2005, will be addressed in the renewal of this license, if �6 any. clothing contained herein shall be construed so as to require City to grant any renewal of this license. In the event this agreement is terminated for cause, Licensee shall not be entitled to any reimbursement for any permanent improvements. 37. The waiver of City of any default or breach of a term, covenant or condition of this agreement shall not be deemed to be a waiver of any other breach of that term, covenant or condition or any other testa, covenant or condition of this agreement, regardless of when the breach occurred. 353. All notices required hereunder shall be sent to City at the following address: Parks and Community Services Department City of Fort}!North 4200 South Freeway, Suite 2200 Fort Worth, TX 76115-1499 All notices to Licensee shall be sent to the following address: Blue Bauder Athletic Asscciation, Inc. P. 0. Box 331682 Fort Worth, Texas 76163-1662 Mailing of all notices pursuant to this Section shall be deemed sufficient if mailed postage prepaid and addressed as specified above, unless either party has been notified BLUE RAIDER LICENSE AGREEMENT PAGE 11 of 15 1 x in writing of any changes in the ether party's address. All time periods related to any notice requirements specified in this agreement shall commence either on the date notice is mailed or on the date notice is received by the party to whom it is sent, depending on the terms specified in the Section requiring the notice. 38. Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the parties hereto are declared to be for the benefit of and binding upon their respective successors, representatives and assigns, if any. 40. It is agreed that, in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of , such covenant, condition or provision shall in no way affect any other covenant. condition or provision herein contained; provided, however, that the invalidity of any such covenant, condition or provision does not materially prejudice either Licensee or City in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this agreement. 41. 41.1 Licensee retains the right to request consideration of funding in future capital improvement programs sponsored by City. 41.2 City retains the right to request consideration for use of ;.icenses's recreational facilities at times and dates acceptable to Licensee, all at no cost to City. 41.3 On or before December 1 of each year this agreement is in force and effect, Licensee shall provide City an annual report of progress and programs, operations and capital improvement plans for the corning year. 42. The laws of the Mate of Texas shall govern this license agreement and the relationship created hereby. Venue for any action brought to interpret or enforce, or E arising out of or incident to, the tens a of this agreement shall be in Tarrant County, Texas;. IN WITNESS 4AlrHEREOF the said parties have hereto set their hands and seal of office to duplicate originals on this��(�_day of�m� `�� 'd 998. f BLUE RAIDER LICENSE AGREEMENT ! PAGE 12 of 15 j Y a i{ r i {min CITY OF FORT WORTTI°I BLUE RAIDER ATHLETIC IG A SSOCIATION, INC. ;B : / ('resi ent d%� ATTEST: i G Secretary APPROVED AS TO FORM AND LEGALITY: Assis��Attorney he contract Authorization ;H Date sa S "ki i B 4 i 1 t .ad i BLUE RAIDER LICENSE,AGREEMENT PAGE.13 of 15 i STATE OF TEXAS § COUNTY OF TbARRANT BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Libby Watson, assistant City Manager, of the City of Fort Worth, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Fort Worth, and that she executed the carne was the act of the said City of Fort Worth, Texas, a municipal corporation, and that the executed the same as the act of such s corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Subscribed to and sworn before me this the qWA day©f.j �f,L, _ 1 998. fyFi,Rt s[•.�AwRr.®Y�++/aaaiJ.s,a'ha.4,fvryLs., ,�.•• An �,,�� �6otary Public;in and for the 1 -"161 B�4€ HEc,- State of T exas r. Nf�Tti1RY PUBLIC Mate car Texas My Commissiori Expires: c ExP, o 31-zoos ,,_ L Qa r i 1 i t i i BLUE RAIDER LICENSE AGREEMENT PACE 14 of 15 = iu i I �A ST ATE OF TEXAS BEFORE ME, the undersigned, a Notary Puhlic in and for the State of Texas, on this day, personally appeared Jim Doherty, President of the Slue wider athletic Association, Inc., known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to tree that the same was the act of the said Blue Raider Athletic Association, Inc., a non-profit corporation, duly organized under the laws of the State of"texas, and that he executed the same as the act of such corporation for the purposes and considerations therein expressed, and in the capacity therein s stated. a � I Subscribed and sworn to before me this the l c day of�, ' 1998. e i �1 y-- s',in and fQr th State= of Te-, s ,ell, TONYA DAY 1'� & NOTARY PUBLIC My CoiYi ission Expires: STATE OE TEXAS ®_� � w My Comm.Exp.6-10-2000 I ;i. i 9i AI✓ ;i i SLUE RAIDER LICENSE AGREEMENT PAGE 15 of 15 <.. Yw,��:„,: aY. c nramucuieiE .�nt�a".t$cilkt9 � }E �3aUVl. '" � a�s3hiY1 x } u �a f I m ro �I I JY�l�'t� 33P.8 S0°16 W 420 Conc. ter im-l—n-51-1 I � o °;y CD �> •.o — � CA , a � Npjl`n��ryj _ f a� ,I V7 �N�r ti�V L", � ,// 11 ,.nA '�,,ot � � • Q N W Al R'1 � lt� � � tab i� 'r'^ic� _'ti.,�;� Uti \ / r�,�• fir"' � \\ � 0 �1 ED , ZD 9 j ED U 3D CD zA �k1;,�''�e�y�,,.�'°�D '�t�,i ���+`{J,y-�'��,�l,l.a�,�rt�.,,m•�. w�.�� �'{.��r t '{�4 f ' ..�' i' � �,� ol i J i fVIJ QQ Si>F7 cL i h o Al 6 f Ni 4i 5 a+x 2•�� : is City of Fort Worth, Texas qvayor And cou""K coninsunicalflon DATE REFERENCE NUMBER LOG NAME PAGE 5/19/98 C-16787 80RAIDER 1 of 2 SUBJECT LICENSE AGREEMENT WITH THE BLUE RAIDER ATHLETIC ASSOCIATION, INC., TO OPERATE A PUBLIC RECREATION FACILITY RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a license agreement with the Blue Raider Athletic Association, Inc., to operate a public recreation facility at 4320 Altamesa Blvd. DISCUSSION: The Blue Raider Athletic Association, Inc. (BRAA) was established in 1958 as a nonprofit 501(c) (3) organization for the purpose of providing public outdoor recreational activities. They began using the subject City property on the Russom Ranch Reservoir site (licensed premises) in 1961. Contract No. 4392 was executed in March 1961 (M&C G1-31). The contract period was for 10 years. The contract has been renewed 3 times, each time for a 10-year period. The present contract expires August 31, 2000. The BRAA has requested to renew their contract at this time so they can secure financing for capital improvements on the licensed premises. The Parks and Community Services Department will administer the new contract plus the remaining years on the current contract. Major terms of the agreement include: 1. The license fee to be paid to the City of Fort Worth will remain $1.00 per year. 2. BRAA agrees to maintain, at its expense, the licensed premises. Such maintenance shall consist of mowing and removal of trash and litter and maintenance of all improvements and structures located on the property. 3. The agreement term shall be ten years commencing on September 1, 2000, and expiring August 31, 2010. 4. BRAA may charge entrance and user fees; admission; and sell food. 5. All moneys received from operations conducted on the licensed premises may be utilized by BRAA for the administration, maintenance, operation, and further development of the licensed premises. 6. BRAA will be permitted to construct facilities such as temporary grandstands, refreshment stands, structures for sanitary facilities, paved sidewalks, lights, and lighting facilities upon approval of the Parks and Community Services Department Director. 7. Upon completion and acceptance of construction, title to all permanent improvements shall vest to the City. 8. BRAA covenants and agrees to indemnify, hold harmless, and defend the City of Fort Worth and maintain all insurance coverage as required by the City for the duration of the license agreement. 9. If the agreement is terminated prior to its expiration, the City will reimburse BRAA for all approved permanent improvements constructed and completed during the term of this contract and prior to December 31, 2005. Reimbursement shall be made on a prorated straight-line basis for each year that would have remained on this agreement if not earlier terminated. City of Fort Worth, Texas 4vagor And cou""K coninsunicalflon DATE REFERENCE NUMBER LOG NAME PAGE 5/19/98 C-16787 80RAIDER 2 of 2 SUBJECT LICENSE AGREEMENT WITH THE BLUE RAIDER ATHLETIC ASSOCIATION, INC., TO OPERATE A PUBLIC RECREATION FACILITY This project is located in COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: The Director of the Department of Finance that the Parks and Community Services Department will be responsible for the collection of all fees. LW:j Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Libby Watson 6183 Originating Department Head: Richard Zavala 5700 (from) APPROVED 5-19-98 AS AMENDED Additional Information Contact: Richard Zavala 5700