HomeMy WebLinkAboutContract 24374 = 1D o CITY SECRETARY
CONTRACT NO.
LICENSE AGREEMENT
BETWEEN CITY OF FORT WORTH AND Y.M.C.A. OF METROPOLITAN FORT WORTH
FOR: TRAIL, AND RECREATION USE ON 8.058 ACRES KNOWN AS FORMER
NATIONAL FISH HATCHERY PROPERTY, I-TEX-908, IN MARION SANSOM PARK
This license agreement (this"Agreement") is made and entered into on the 5hd- day of
by and between the City of Fort Worth, a home rule municipal
corporation of the State of Texas, located in Tarrant County, Texas ("CITY") the Y.M.C.A. of
Metropolitan Fort Worth, a non-profit corporation located in Tarrant County, Texas ("YMCA").
Recitals
1. The Parks and Community Services Department of the CITY has planned to develop a
portion of Marion Sansom Park; being an 8.058 acre tract described below ("Premises")
since it was received as a land grant from the Department of the Interior's Federal Lands-
to-Parks Program. The original program of utilization, filed with the National Park Service
called for the development of a hike and bike trail, picnic units, a fishing facility, road
improvements and plantings. The Premises are to be used for trails, fishing, and general
recreation purposes. Due to the location of the Premises and the lack of available capital
improvement funds the CITY has been unable to fully develop the Premises.
2. The Premises are adjacent to the YMCA facility known as Camp Carter. Camp Carter
provides recreation and outdoor education opportunities for the youth of Tarrant County.
This Agreement mutually benefits the CITY and the YMCA because the YMCA will be
providing needed capital improvements on the Premises that will become property of the
CITY upon termination of this Agreement and because it allows the YMCA to expand the
available opportunities for recreation and outdoor education at Camp Carter without
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License Agreement between the City of Fort Worth and The YMCA of Metropolitan Ta a .0 : AMP Y
having to acquire additional lands. Further, the design and construction of recreation
improvements by the YMCA will facilitate connection and integration of Camp Carter,
Marion Sansom Park and the Trinity River. This Agreement allows the CITY to provide
more recreation opportunities for more citizens and provides the YMCA with the right to
reserve and schedule events and use the Premises in a way that meets the recreation and
outdoor education needs of the youth of Fort Worth and Tarrant County. In addition,
when the facilities on the Premises are not in use by the YMCA it shall be free and open to
all park users.
NOW THEREFORE, in consideration of the mutual benefits herein expressed, the parties
agree the following terms and conditions:
1) Description. The Premises shall consist of 8.058 acres of land out of the J. O. Quinn
Survey, Abstract #1258, Tarrant County, Texas, conveyed to the City of Fort Worth, by
Quit Claim Deed recorded in Volume 6007 Pages 301-317, Deed Records of Tarrant
County, Texas and is part of Marion Sansom Park, known as the Former National Fish
Hatchery Property 1-TEX-908, as shown on Exhibit A and described by metes and bounds
on Exhibit B, said exhibits attached hereto and incorporated herein for all purposes
incident to this Agreement.
2) Term of Agreement. The term of this agreement shall be for a period of Twenty (20)
years, beginning with the date of execution hereof, subject to further extension at the
expiration thereof by mutual consent.
3) License is Nontransferable. The rights granted by the CITY to the YMCA by this
Agreement are nontransferable.
License Agreement between the City of Fort Worth and The YMCA of Metropolitan Tarrant County Page/2
4) Fee. The fee for use is the sum of one dollar ($1.00) per year, payable at the time of
execution of this Agreement. The parties agree that all consideration detailed in this
Agreement fairly compensates the CITY for the license granted by the CITY and the
CITY acknowledges receipt and acceptance of this consideration.
4) Use of Premises. The Premises shall be used for trail and recreation purposes and subject
to the following conditions of use:
(i) Said Premises must remain open and accessible to the public during the operating
hours of Marion Sansom Park;provided, however,that the YMCA may continue to
control access to and from Camp Carter at anytime in its absolute discretion.
(ii) The YMCA shall not discriminate against any person or persons because of race,
religion, color or national origin in the conduct of its operations.
(iii) Public right of passage along the proposed trail through the Premises shall not be
denied at anytime to any citizen during the hours of operation of Marion Sansom
Park. ; provided, however, that the YMCA may continue to control access to and
from Camp Carter at anytime in its absolute discretion.
(iv) All facilities constructed on the Premises shall comply with the Americans with
Disabilities Act and provide reasonable accommodations for all potential park users.
5) Preparation of Premises. As further consideration herein, the YMCA or its contractor
shall, at the YMCA's expense, perform all work and furnish all materials necessary to
complete the Premises for the proposed use in accordance with CITY specifications and
guidelines for park facility development. The YMCA may construct upon said land
recreational trails, picnic tables, picnic shelters, fishing stations, signs, and landscaping or
License Agreement between the City of Fort Worth and The YMCA of Metropolitan Tarrant County Page/3
any other outdoor education or recreation facility approved by the Parks and Community
Services Director for the purposes of this license. All facilities and landscaping shall be
accomplished in accordance with plans approved by the CITY, Parks and Community
Services Department and the U.S. Department of Interior, Federal Lands-to-Parks
Coordinator, of the National Park Service. The CITY shall seek on the YMCA's behalf
approvals from the National Park Service for any proposed improvement.
6) Development of Improvements.
(a) The YMCA, shall, within the limit of available funds, as determined by the YMCA
in its sole discretion, proceed immediately with the development of the Premises
for recreational development purposes. The YMCA shall implement its program to
completion in an orderly manner and at a rate consistent with the mutual needs of
the YMCA and the CITY. The YMCA shall provide the CITY with a long range
Implementation Plan that details the specific type, location, scheduling, estimated
cost and proposed funding sources of all proposed improvements to the Premises
throughout the term of this Agreement. The Implementation Plan shall become an
attachment to this Agreement upon the mutual agreement of the parties. The
YMCA may amend the Implementation Plan at any time during the term of the
agreement with the written approval of the CITY and the amended implementation
plan shall be made an attachment to this Agreement. An amended Implementation
Plan shall be submitted in the event that the estimated cost of any proposed
improvement will exceed the previously estimated cost. The Implementation Plan
shall include:
License Agreement between the City of Fort Worth and The YMCA of Metropolitan Tarrant County Page A
1. A Premise Master Plan that indicates the proposed locations, sizes and
character of each proposed improvement.
2. A brief report that outlines specific type, implementation schedule,
estimated cost and proposed funding sources of all proposed improvements
to the Premise throughout the term of this Agreement
(b) The YMCA shall provide the CITY Parks and Community Services Department
with an Annual Management Plan to be mutually agreed upon by the CITY Parks
and Community Services Department and the YMCA. The Annual Management
Plan shall include the following:
1. Construction Documents, plans, details and schedules for capital
improvements to be completed in that year and proposed phasing of
facilities to occur in future years by the YMCA.
2. Plans for annual maintenance and management of the Premises by the
YMCA.
3. Budget of the YMCA for carrying out the capital improvements,
management and maintenance activities.
4. Personnel to be used in management of the Premises by the YMCA.
5. Certificates of Insurance coverage as described in paragraph 15, Section B.
6. The Annual Management Plan is due on the first day of November, in the
year prior to the effective calendar year of the plan.
(c) The CITY, within the limit of available funds, will provide appropriate personnel
to provide technical assistance in the development, review, and timely approval the
Annual Management Plan and the Implementation Plan for Capital Improvements.
License Agreement between the City of Fort Worth and The YMCA of Metropolitan Tarrant County Page/5
7) Improvements. Title to improvements placed on the Premises by the YMCA will remain
with the YMCA during the term of this Agreement. Ownership of improvements upon
termination of this Agreement shall be as provided in paragraphs 12, 13 and 14 herein.
8) Admission Charges and Reservation Fees. No charges may be imposed for general
admission or use of the Premises or facilities constructed thereon. The YMCA may charge
Camp Carter program participants a reasonable fee for the special recreation and outdoor
education programs offered on the Premises in conjunction with programs offered at
Camp Carter. The YMCA may charge the public a reservation or user fee to recoup the
capital costs of constructed facilities on the Premises that include picnic shelters, which fee
must not exceed fees for similar or like facilities operated by the CITY Parks and
Community Services Department. All proposed public reservation or user fees covering
the Premises must be submitted to the Parks and Community Services Director for written
approval ninety (90) days prior to implementation or increase of said reservation or use
fees. The YMCA may charge the public entrance and user fees covering YMCA property
in its absolute discretion even though it will provide access to and from the Premises on
the hike and bike trail.
9) Rules, Regulations and Operations. The YMCA, in exercise of the privileges hearby
granted shall conform to the rules, regulations and ordinances of the City of Fort Worth
and all government agencies with jurisdiction over the Premises. The YMCA shall
administer and maintain the Premises for the purposes of this license in accordance with
any adopted Master Plan for Marion Sansom Park and the Program of Utilization for the
Former National Fish Hatchery Property 1-TEX-908 filed with the National Park Service.
The YMCA shall protect the Premises from fire, (other than as results from force majure)
License Agreement between the City of Fort Worth and The YMCA of Metropolitan Tarrant County Page/6
vandalism, soil erosion specifically caused by YMCA improvements, and illegal dumping.
The YMCA may make and enforce such rules and regulations as are necessary and within
its legal authority, in exercising the privileges granted in this license, provided that such
rules and regulations are consistent with Federal, State and Municipal laws and CITY
Policies.
10) CITY Entry Upon Premises. The right is hereby expressly reserved to the City of Fort
Worth, its officers, agents, employees and contractors, to enter the Premises at any time
and for any purpose necessary or convenient in connection with the operation of the
CITY. The licensee shall have no claim for damages of any character on account thereof
against the City of Fort Worth or any officer, agent or assignee thereof.
11) Property Damage Repair. Any CITY property damaged or destroyed by the YMCA
incident to the exercise of privileges herein granted should be promptly repaired or
replaced by the YMCA to the reasonable satisfaction of the CITY Parks and Community
Services Department Director or Director's Assignee.
12) YMCA Request for termination. The YMCA may terminate this license by giving the
CITY, through the Director of Parks and Community Services, at least ninety (90) days
notice in writing. Should this Agreement be terminated pursuant to the YMCA's written
request while the YMCA is in compliance with the terms of this Agreement, the YMCA
shall have a period of ninety (90) days after the termination of this Agreement to remove,
if the YMCA so elects, all improvements, equipment, and facilities except permanent
improvements. The permanent improvements shall become property of the CITY in the
event of YMCA termination of the Agreement at no cost to the CITY.
License Agreement between the City of Fort Worth and The YMCA of Metropolitan Tarrant County Page/7
13) CITY Request for Termination. In the event that the CITY requires the use of the
Premise for CITY purposes prior to the expiration of the terms of this Agreement, the
City shall provide the YMCA at least ninety (90) days advance notice of such need in
order to permit the YMCA to remove non-permanent equipment or facilities. The CITY
further agrees to purchase all permanent improvements erected by the YMCA on the
Premises hereunder at a price that shall represent the original cost of such improvements
minus depreciation calculated on a straight line basis using a Twenty (20) year useful life.
All fully depreciated permanent improvements shall become property of the CITY.
14) YMCA's Default. If the YMCA fails, for any reason, to perform any provision of this
Agreement the CITY may terminate it. The termination will occur if the default
condition continues:
(i) for a period of Sixty (60) days after the CITY notifies the YMCA in writing of the
default condition and its intention to declare this Agreement terminated. Should
this Agreement be terminated pursuant to YMCA's default, the YMCA shall have
a period of ninety (90) days after this Agreement is terminated to remove, if the
YMCA so elects, all improvements, equipment, and facilities except permanent
improvements. Title to all equipment and facilities remaining after the removal
period of ninety (90) days shall vest to the CITY, at no cost to the CITY. Upon
termination, title to permanent improvements shall vest to the CITY, at no cost to
the CITY. "Permanent Improvements" are those that cannot be removed without
substantial damage to the licensed Premises; or
(ii) or if correcting the condition requires more than sixty (60) days, action is not
commenced within said sixty(60) day period and pursued diligently thereafter.
License Agreement between the City of Fort Worth and The YMCA of Metropolitan Tarrant County Page/8
15)Indemnity.
A) THE YMCA AGREES TO SAVE, PROTECT, DEFEND, INDEMNIFY
AND HOLD HARMLESS THE CITY, ITS OFFICERS, EMPLOYEES,
AGENTS OR SERVANTS ACTING IN THE COURSE AND SCOPE OF
THEIR EMPLOYMENT, FROM ANY AND ALL SUITS, CLAIMS, OR
CAUSES OF ACTION WHICH MAY ARISE OUT OF ACTION WHICH
MAY RESULT FROM THE OPERATION OF RECREATION AND
OUTDOOR EDUCATION PROGRAMS ON THE PREMISES BY THE
YMCA OR THE NEGLIGENCE OF YMCA EMPLOYEES, OFFICERS,
AGENTS OR SERVANTS: PROVIDED, HOWEVER, THAT THIS SHALL
NOT APPLY TO ANY TORT CLAIM OR LIABILITY ARISING OUT OF
THE NEGLIGENCE OF THE CITY, ITS OFFICERS, EMPLOYEES,
AGENTS OR SERVANTS.
B) During the entire term of this Agreement the YMCA shall maintain, with respect
to this Premises, insurance issued by a company or companies qualified to do
business in the State of Texas, in the following types and amounts naming the
CITY as an additional insured:
(i) Worker's Compensation according to statutory limits
(ii) Employer's Liability: $1,000,000 per each accident, $1,000,000 disease
policy limit, $1,000,000 disease for each employee
(iii) Commercial General Liability $1,000,000 for each occurrence
Premise/Operations
License Agreement between the City of Fort Worth and The YMCA of Metropolitan Tarrant County Page/9
Independent Contractors
Products/Completed Operations
Personal Injury
Contractual Liability
(iii) Property Insurance Coverage on a replacement cost basis and an 80%
coinsurance clause in the policy for Property and Improvements
(iv) Automobile Liability Insurance $1,000,000 each accident to include
coverage for:
Owned/Leased Vehicles
Non-owned vehicles
Hired Automobiles
Certificates of Insurance evidencing the above required insurance shall be
presented to the CITY prior to execution of this Agreement and annually upon the
submission of the Annual Management Plan. The YMCA agrees to notify the
CITY sixty (60) days prior to any change in insurance coverage for the subject
property.
C) The YMCA and CITY agree to notify the each other promptly upon the receipt of
any claim or lawsuit brought in connection with any injury, death or damages on
the licensed Premises. The YMCA and the CITY agree to make their
representative officers, agents and employees available to the CITY at all
reasonable times for any statements and case preparation necessary for the defense
of any claims or litigation for which the YMCA or the CITY may be responsible
hereunder.
License Agreement between the City of Fort Worth and The YMCA of Metropolitan Tarrant County Page/10
D) Nothing herein shall be construed, in any manner, to create a cause of action for
the benefit of any person not a party to this Agreement, or to create any rights for
the benefit of any person not a party to this agreement not otherwise existing at
law.
E) Enforceability. In case any one or more of the provisions contained in this
Agreement are for any reason held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality, or unenforceability will not affect any provision
hereof, and this Agreement will be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
City of Fort Worth Y. M. C. A. of Metropolitan Fort Worth
1000 Throckmorton Street 540 Lamar Street
Fort Wort , exas Fort Worth, Texas
76102 76102
By: _ By:
Libby Watson /Pipes
Assistant City Manager President& C.E.O.
ATTESTED Y contract Authorization
-ate- M-
Date
License Agreement between the City of Fort Worth and The YMCA of Metropolitan Tarrant County Page/11
LICENSE AGREEMENT BETWEEN CITY OF FORT WORTH AND Y.M.C.A. OF
METROPOLITAN FORT WORTH:
EXHIBIT A
Site Map
Marion Sansmn Parr
Lake P.O.B. afx
Worth
Premises
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Spray
Ott srawr
>` Texas Parks and WAdRfe Department 4
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YMCA Camp Carter.
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License Agreement between the City of Fort Worth and The YMCA of Metropolitan Tarrant County Page/12
LICENSE AGREEMENT BETWEEN CITY OF FORT WORTH AND Y.M.C.A. OF
METROPOLITAN FORT WORTH:
EXHIBIT B
Metes and Bounds Legal Description
A tract of land out of the J.O. Quinn Survey, Abstract#1258, Tarrant County, Texas, and being a
part of a tract of land conveyed to the United states of America by deed recorded in Volume
1194, page 210 and conveyed to the City of Fort Worth by the United States of America by deed
recorded in volume 6007 page 308, Deed Records of Tarrant County, Texas. Being more
particularly described using the Texas Coordinate System,North Central Zone, coordinates and
bearings as follows:
BEGINNING at the northwest corner of the tract recorded in Volume 6007, Page 308, Deed
Records, Tarrant County, said point being the center of the Trinity River, The coordinates of said
point are X=2,026,898.61 and Y=409,334.40, said point being a brass cap set in concrete and
stamped `B.C.W.C.:"
Thence: With the center of said Trinity River, South 76 degrees 17 minutes 05 seconds east
231.21 feet and south 69 degrees 25 minutes 03 seconds east 527.78 feet and south 84 degrees 40
minutes 03 seconds east 388.89 feet and south 68 degrees 40 minutes 03 seconds east 236.11 feet
and south 44 degrees 25 minutes 03 seconds east 300.00 feet and south 54 degrees 55 minutes 03
seconds east 472.22 feet and south 39 degrees 25 minutes 03 seconds east 361.11 feet to the
southeast corner of said tract;
Thence north 89 degrees 25 minutes 03 seconds west with the south line of said tract 170.6 feet
to a City of Fort Worth Lake Worth boundary monument;
Thence with a line approximately one foot northerly and parallel with the existing fence, north 34
degrees 23 minutes 53 seconds west and north 52 degrees 28 minutes, 29 seconds west 682.54
feet, and north 73 degrees 13 minutes 49 seconds west 309.63 feet and north 73 degrees, 15
minutes, 36 seconds west 300.04 feet and north 62 degrees 53 minutes 49 seconds west 380.55
feet and south 50 degrees 04 minutes 52 seconds west 526.22 feet to an iron pin in the west line
of said tract recorded in volume 1194, page 210;
Thence north 1 degree 21 minutes 18 seconds east, with the west line of said tract, 514.73 feet to
the place of beginning and containing 351,022.90 square feet or 8.058 acres of land more or less.
License Agreement between the City of Fort Worth and The YMCA of Metropolitan Tarrant County Page/13
City of Fort Worth, Texas
"Avow and ' uncit c,ommunication
DATE REFERENCE NUMBER LOG NAME PAGE
8/25/98 -L-12321 80YMCA 1 of 2
SUBJECT LICENSE AGREEMENT WITH THE YMCA OF METROPOLITAN FORT WORTH FOR
THE DEVELOPMENT AND USE OF DEDICATED PARK LAND ADJACENT TO CAMP
ICARTER
RECOMMENDATION:
It is recommended that the City.Council:
1 Authorize the City Manager to enter into a license agreement with the YMCA of Metropolitan
Fort Worth for trail and recreational use of 8.058 acres of Marion Sansom Park, which is
adjacent to Camp Carter; and
2. Approve the term of the agreement to be for twenty years from the date of execution of the
agreement; and
3. Approve the fee to be charged to the YMCA to be $1.00 per year for each of the twenty years of
the agreement.
DISCUSSION:
The Parks and Community Services Department was approached by the YMCA of Metropolitan Fort
Worth in 1996, prior to the initiation of their current capital campaign for Camp Carter. The YMCA's
inquiry was in regard to the former Fish Hatchery property on the south side of the West Fork of the
Trinity River, just below the Lake Worth Spillway, which is now part of Marion Sansom P ark (see
attached location and site maps). This 8.058 acre parcel was deeded to the City by the Federal
Government in April 1976, and the land grant is part of the National Park Service Federal Lands to
Parks Program. This property was accepted by the City based on a Program of Utilization filed with the
National Park Service, which included trails and other recreation facilities. To date this portion of
Marion Sansom Park is undeveloped and held in a "reserve" status.
The YMCA is interested in adding trails to the subject property and improving access to the river for
recreation and educational activities. A license agreement has been negotiated with the YMCA for use
of the property, which reflects the benefits derived from the YMCA's development and use of the
property. In return for the use of the property the YMCA will construct trails, and other recreational
amenities. These will be available to all park users when not in use by the YMCA.
The National Park Service has approved the draft license agreement and a revised Program of
Utilization to accommodate the uses proposed by the YMCA. The attached maps illustrate the subject
property and the property location.
On July 21, 1998, the Parks and Community Services Advisory Board approved a motion to concur with
staffs recommendation.
This project is in COUNCIL DISTRICT 7.
I
City of Fort Worth, Texas
qVeA."Or VA"d rouncit
I,
�Ommunieation
DATE REFERENCE NUMBER LOG NAME PAGE
8/25198 L-12321 80YMCA 2 of 2
SUBJECT LICENSE AGREEMENT WITH THE YMCA OF METROPOLITAN FORT WORTH FOR j
THE DEVELOPMENT AND USE OF DEDICATED PARK LAND ADJACENT TO CAMP
CARTER
I
i
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this license agreement will have no material effect on City funds.
LW:k
I
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Libby Watson 6183 CITY cou�vc�.
Originating Department,Head:
Richard Zavala 5704 (from) AUG 25 19�
Additional Information Contact: ';✓
Richard Zavala 5704 fi�eti t rth'Te=s