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Home My WebLink AboutContract 62522CSC No. 62522 STOCIIAIDI HERITAGE DEVELOPMENT 00, LICENSE AGR EEMENT THIS LIC ENSE AGREEMENT ("Agreement") made as of this 15 1" day of May, 2024, between FORT WORTH HERITAGE DEVELOPMENT, LL C, a Texas limited liability company ("Ownet·") and City of Fort Worth, a Texas municipal corporation ("Licensee"), W ITN ESSETH: 1.DESCRIPTION OF LICENSED AREA. The Owner, for and in consideration of the performance of the covenants and agreements hereinafter contained to be kept and performed by the Licensee, and upon the following terms nnd conditions, hereby licenses to the Licensee, and the Licensee hereby licenses from the Owner, that certain p01tion, located at 140 E. Exchange Ave, Suite 311 (442 SF) and six p111·ldng sp11ces in parking lot 2 m1uked as FWPD spaces, as shown in more detail on Exhibit "A" attached hereto {"Licensed Area"), of the F01t Worth Heritage Development, LLC ("Pt·oject"), Owner reserves the right upon prior notice to Licensee to relocate the Licensed Area at any time. The licensee is responsible fot• reloc11tlng the wall th11t divides the sp11cc, 2. LICENSE. Owner hereby licenses to Licensee the exclusive use of area within the Licensed Area identified in blue on Exhibit "A" for the Term set forth below, unless terminated sooner in accordance herewith, and subject to the terms and conditions hereof. Licensee shall have the nonexclusive right (in common with other tenants and all others to whom Landlord has granted or may grant such rights) to use the areas available for the common use of tenants within Stockyards Station for access to and from the Licensed Area, subject to such reasonable rules and regulations as Owner may establish from time to time, 3, TERM. The "Term" of this Agreement shall commence on the Commencement Date and continue on a Month to Month basis until either party terminates the Agreement by providing the other patty with written thirty day notice . (herein, the "Tenn"). 4.USE, During the Term, Licensee shall use the Licensed Area only, and no other adjoining land, for the sole purpose of stomge space 11nd parldng for the Fort Worth Police Depa rtment No1·thwest Division Bike P11tl'ol Unit. Licensee shall not do 01· permit anything to be done in or about the Licensed Area which will in any way interfere with the rights of tenants or other occupants of the Project or use or allow the Licensed Area to be used for any improper, unlawful or objectionable purpose, Licensee shall at all times during its use of the premises provide sufficient supervision and maintain adequate control of its employees, guests or invitees, Licensee is responsible for obtaining all city permits and pay for said permits and/ or associated fees. Access to the Licensed Area for emergency vehicles will be honored at all times. Temporary barricades may be used as h·affic control devices when necessary. 5. LICENSE FEE. As consideration for Owner entering into this Agreement, Licensee shall pay to Owner an amount equal to $0 ("License Fee") from its operations in the Licensed Area during the Term of this A greement The owner is providing space free of charge to the City's Police Department and the Police Department will have a presence on Owner's land during the license period, Both parties agree as a condition precedent of this Agreement that both parties have exchanged good and valuable consideration . 6, INDEMNIFICATION, To the extent not prohibited by law, Owner, and their related entities, members, its partners and their respective officers, managers, agents, servants, employees, and independent contractors (collectively, "Owner Pnt·tics") shall not be liable for any damage either to person or property or Fort Worlh Herilage Development License Agreement -City ofFort Worth FWPD Bike Patrol Storage Mny 27, 2024 c/o City of Fort Worth Property Management Department 900 Monroe, Suite 400, Foil Worth, TX 76102 Page I of7 resulting fi•om the loss of use theceof, which damage is sust�ined by Lice�isee or by other persons claiming thirougl� Licensee. Licensee shall indemnify, defend, protect, and hold Itarmless Owner Parties for, from and against any and all claims (valid or not) loss, cosl, damage, expense 1nd liability (including without limitation professional fees, court costs, litigation costs nnd reasonable attorueys' fees), including but uot limited to, those attributable to bodily injury, sicicness, disease, death, injury to, or destruction of real or personal property (including the loss of use of same) incw'red in connection with or acising fi•om any cause with the use of the Licensed Area, the acts, omissions or negligence of Licensee or any of the Licensee Pa��ties witlt respect to said use, or the breach of any of the terms of this Agreement by Licensee or any of the Licensee Pai�ties; provided that the terms of the foregoing indemnity shall not apply to the extant of the gcoss negligence or willfiil misconduct of Ownec, TO TH� �XT�NT NOT PROHIBIT�D BY LAW, AS A MATCRIAL PART OR TH� CONSID�RATION TO OWN�R, LTC�NS�� ASSUM�S ALL RISIC Or DAMAG� TO I'ROP�R'I'Y OR INJURY TO P�RSONS IN OR ABOUT TH� LIC�NS�D AR�A AND PROJ�CT ARISING I'ROM AiVY CAUS�, AND LIC�NS�� H�R�BY WAIV�S ALL CLAIMS IN R�SP�CT TH�R�Oi' AGAINST OWN�R, INCLUDING ANY CLAIMS R�SULTING TROM TH� NGGLIC�iVC� OR WILTULL MISCONDUCT OI' OWNGR. 7. INSURANC�. Licensee is self-insin�ed form gener�l liability �nd s►uto rislt described hereto �s �xhibit "B". 8. ASSIGNM�iVT. This Agreement is personal to Licensee, Licensee shall not assign, sublease or in any other mai�iier transfer or eiicumber lliis Agreement or Licensee's rigl�ts liereunder, by operation of law or otherwise; provided, however, that no consent for assignment shall be necessary fi•om Owner in the event of any one or more assignments of any and/or all cights oc obligations liereunder, to one or more Licensee's affliates, including, but not limited to, any successor entity(ies) resulting from a mecger, acquisition or consolidation, spin-off, divestiture or otherwise, 9, NOTIC�S. All notices, demands, statements or coinmmiications (collectively, "Notices") given or required to be given by either �arty to the other heceundec shall be iu writing, and shall be either sent by United States ce��tified or registered mail, postage prepaid, rettu•n receipt requested, telecopied, nationally recognized overnight courier or delivered personally to: Licensee at: c/o City of Fort Worth Property M�nagement Department 900 Monroe Street. Sttite 400 Fort Woi�th, Texas 76102 Attii, Lense Manaecment With a copy to; City of Port Worth Police Depai•hnent Bob Bolen Public Safety Complex 505 West Felix Street Foi�t Worth, Texas 76115 Attn. Plannine Dept. to Owner at: FORT WORTH HER]TAGE DEVELOPMENT, LLC 131 East Exchnnge Avenue, Suite 212 Fort Worth, Texas 7G164 Attn: Dena Newell Any Notice will Ue deemed given (i) three (3) days after the date it is posted if sent by mail, (ii) the date the telecopy is U•ansmitted, (iii) the date the overnight courier delivery is made, oc (iv) the date personal delivery is made. �orl Worth Herilage Development License Agrecment -Ciry of �ort Worth PWPD Bike Pntrol Storage Mny 27, 202A c/o City of Fort Worth Property Managemenl Depnrtmenl 900 ivtonroe, Suite 40D, �ort Worth,'CX 76102 Page 2 of 7 10, �NTIR� AGR��M�NT. It is understood and acluiowledged that there ace no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cnncels any and all previous negotiations, arrangements, brochiu•es, agreements nnd understandings, if any, between the parties heceto or displayed by Ownec to Licensee with respect to the subject matter thereof, and none thereof shall be used to interpret or consh�ue this Agreement. 1 I. AUTHORITY. If Licensee is fl corporation or partnership, each individual executing this Agceement on behalf of Licensee hereby represents and w�rrants that Licensee is a duly formed and existing entity qualified to do business in the state in which the Licensed Area is located and that Licensee has full right aud authority to exectUe and deliver tl�is Agreement and that each person signing on beholf of Licensee is �uthorized to do so. 12. RIGHTS, All rights of every kind and nature whatsoever in and to all still and motion pictures and sotmd recordings made heee�mder in connection with use of the Licensed Area by Licensee shall be and retnain the sole t�nd excfusive property of Licensee, including, without limitation, the perpetual and irrevocable right and license to use and re-use any such images and/or sound recordings in connection witlt projects as Licensee shall elect, in, and in co�u�ection with, the advertising, publicizing, exhibition and exploitation thereof, in any tnanner whatsoever �ud at any time by all means, media, devices, processes and technology now or heceafter known or devised in perpetuity throughout the universe. 13, MTSCELLAN�OUS. This Agreement cannot be modified or canceled except by written instrument signed by both pa��ties. In the event of any dispute hereuudec, the courts of Tarrant County, Texas and/or the United States District Couct for the Nocthecn DisU�ict of Texas, Fort Wortli Division shall have exclusive jurisdiction over all sucli disputes. This Agreement shall be interpreted in accordance with the laws of the State of Texas and the United States of America applicable to contracts made and performed entirely in Texas. This Agreement shall inw�e to the benefit of and be binding upon the parties' respective successors, licensees and assignees, 14, BROI{GRS. E�cept foc Owner's Broker, Majestic Realty Co. ("Owner's Brokec"), Owner aud Licensee hereby warrant to each other tl�at tliey have l�ad no dealings with any i•eal estate broker or agent in connection with the negotiation of this Agreement, and that they know of no real estate broker or agent who is entitled to a commission in connection with this Agreement other than Owner's Brolcer. Owner shall be responsible for the payment of any commissions due to Owner's Broker and Owner indemnifies Licensee against any liability foi• commissions due by Owner to Owner's Broker. 15. POLIC� PROT�CTION, Owner agrees and understands that Ciry in no way promises to provide increased Police protection or more rapid emergency response time because of this License, No special relationship sliall exist between Owner or City other than that of Owner and Licensee, City shall provide no grelter police protection to Owner thnn is provided to all other persons or businesses. [Signature Block is on the Next Page] Port Worth Herilage Development License Agreement -City of �ort Worlh ��VPD Bike Patrol Storage May 27, 2024 c/o City of �ort Wor11� Property Monagcment Deparlmcnl 900 Monroc, Suitc 400, rort Worth, TX 7G 102 Yage 3 of 7 IN WIT'NESS WHEILEOF, the parties h�ve executed this Agreement this day of , 2024 ("Commencement Date"). "LIC�NS��" CITY OF FORT WORTH �ana �r��Gtclo� BV� �anaBurghdofflDecL�,2�3 CST) J Dana Burghdoff Assistant City Manager Date: �ec zs. zoza CONTRACT COMPLIANC� MANAG�R By signing, I acl<nowledge that I am the person responsible for the monitoring aud administration of this contract, including ensucing all performance and reporting i•equirements. B: .L�S'if<<c� Dec.�vy y � LaShanda Docicery FWPD Sr. Planner APPROV�D AS TO I'ORM AND L�GALITY: C.aru7ace- PaAliar� BY, �.,�,�,�zF.,,;��,�,��F, �,.zoz�a�:��5„ Candace Pagliara Assistant City Atta•ney Date; ATT�ST: �� a � � By: � Jamtette S, Goodall City Secreta�y Date; DeC 24, 2024 "OWN�R" FORT WORTH HERITAGE DEVELOPMENT, LLC, a Texas limited liability company By: MAJESTIC-STOCICYARDS INVESTOR, LLC, a Delawai'e limited liability company, its Manager By; MAJESTIC REALTY CO., n California corporation, Manager's Agent BY' -- Name; G/' L-. �GL✓� '�'�' � Its: , Date: � H � �� By: Name; Its: Date: APPROVED BY: By: ; ��.�� Property Management Director �ate: DeC 23� 2024 Contr�cl Authorization; Form 1285: NA M&C: NA Port Worlh Herilage Development License Agreemenl -Ciry of Port Worth rWPD Dike Palrol Slorage May 27, 202d c/o Cily of rort Worlh Properiy Managenrent Departmenl 900 Monroe, Suifc 400, Port \Vorth, TX 7G 102 Page d of 7 �XHIBIT "A" LICCNSGD ARCA 140 E. Exchange Ave, Suite 311 (442 SF, lT x 2G') �nd 5ix dediclted p�ricing sp�ces located in Lot 2 **The licensee is responsible for relocating tl�e w�ll tlilt divides tlie space �nd installing "of6cial i'WPD" sigiis on the six parlcing spaces. - -- - - - -. - __. _-- - - _ ,. �N�� _ �t•, �.�- s � T .. �,� , _:,� "� --. rNtn..Nae ,.,� , : .,,_ , . - �� ' y � �- r � _ _—�. . .� _�_.. t,' �� F� r�'i��lri:,� - ��1 �. .a..�M�. ., . -- '� - '�- � i�11''�� I . ...�� .-��. � ` //� ��} • - - -- � ""-- �:''.. _ _ . L: --�i.�� 1 1 � I �1 �1 ( � �� P. ��1�v . • �'�� V� � 1 � � � � ,��°� ��►� �� a�� +I � j� � -1 � -' � � ,1�� •� i'r.as �;!�e�'� :1� - �' � ~ �� 1 {,� � -- � - . � �i � .'- . _ ..--�.,-r.t�,>-�,..: --- . . _ -`_� ._ _ - r_ 1� �� .�..': � �P',�� `fi I =wt "F.: " � 1:J I � _ _ ,.1 l4, �+ . , e _ �. . , � ��. ,� f-— —� � � �I' 'I �11.�.�9 rr��. �^k � J . � ,x, -� � � �;.t ; �� }_,. I l.L�� j�, �4��''�1? F --, , ,r. 1 , il V-,� .�y ! /�.1 � �. i � � � � „ �� ,, ,. �.�, .��:,: , r:, , , ` ,C,� C; � I ��.� ,�-., .�.; � � n' � — ' i°�C's , � �_!v � ,� �.^�, � I i rn ��_�. f�r!`: k� � tc _ y�� . i�; ' �T t. _� � '� ' Jy {_rl �.��r1',� d.r a t u ��,� i j � I ( ,' ri p �=_� � �u �. 1': . . ' � � (i,�i 1 (� u 77� � �;� N ", �'� � Fi� I � . , �, � � ; ;-^i i `' y z - .� �_� '' � , i t '-; '.1 �� o�i L � _ ___._..._ _. � ��-'� -'� . - -�;�► .-�� . .-�d I � 1'�r� 1 , 'e-;s i_y;--, • • .a.�: i � - ---- �,i I ' i � -�' �.�� ' •� d I t. � � , + ' t��. � la'_p:�� .r f ,� �; ( � �ll �n�_� �..'�'1 ,`�;T. 1 a� �,::, ��-r.� ; ,t � ; ,,..,. � ! , �,-�, r... i i'= sj ! '� ��-► �' d.•T,�Qip �_�' � !K L-_" _ 1 I �. �i`� I _ _ '.. t .. . . . `.$) I� ' 1 : : �g . .. . � �— , r��, L`— �,� r� �E= Y' �f��; t��1 �� ,�� — �, . � �,. 3 1.�1 � I( � f� �� I I�- ( � n 'P ��.1 i�'i ! qil j^1 �' � I' i � a q��Z j •..t,� �, �1��:!� i� ►+�, L�� _ I� t� i 'a�....'°` r',' k-__• , � �.U. �"4i��i_n f/��'�- i • �/ � �� I� -IE - —�1—"0 - � — Fort Worth Herilage Development Liccnse Agrcemcnl -City ofPorl 14orth PWPD Dikc Palrol Sloragc M+�y 27, 2024 c/o Cily of Cort Worth Properly Mnnngemenl Dcparlmenf 900 Monroc, Suitc �100, �ort Wortli, 7'� 7G 102 Pagc 5 of 7 �mn j r '� � . �E i� �'�iriii— , �' t� „�'` � _ K. ( , , r;j � �� °� ,. � i ,, „ �� y. �„�:;� :;,�: � �,,� .�. ,�,; i � F, � , , .. ;�;i ,,, � . . L' „ � �.,, ,. � I N�v��q� ' IIMf ��'OC��A��S STAT ION �� ;..,.�� ,.�.,,�� ,�.,, ��„ �., , � „ �,,,,.,.., � �-� � ,,, . , , � ,�., �ort Worlh Hcrilage Dcvelopmenl Liccnsc Agrecment -Cily of Porl GVorlh fWPD �ike Polrol Slorage Muy 27, 202d c/o Cily of �ort GVorlh Propert}� Manngcment Depnrlmenl 900 Monroc, Suite A00, �orl Worlli, TX 7G 102 Pnge G of 7 Signature: �r Mark Bro � m(Dec 20, 2024 092� CST) Signature: � ��a� Email: Mark.Brown@fortworthtexas.gov Email: Elisa.Winterrowd@fortworthtexas.gov ��HIBIT'1B" S�LI' INSURANCC L�TTGR FORT VVORTH. .�� Fioc�l Yenr October 1, 2U23 - Septeml�er 30, 2024 RE: Documentation of In�urnnce Cfty of Fori'North 5elf-Funded in�urance Program To Whom Il Pdny Concem: Plen�e acceptthis lettero� decumentation of the Cibj of Fori'North'� insurance pra�rnm. The C(ty of Fcrt'Norili t� bnaicalty n�elf-funded entlty cubJect lo stalutory tort Inws. The Ghj dce� not ntniniain 1 commercial palicy uf genernl liabiliiy Innurnnce ancVor aulo ilobilfty ln�urance. Damage for �vhich tlie City of Fort Worlh v;culd ultimately L•e four,d linbtev;ou(d bepc�icf directly bythe Clty oF FortWorth and not bya commercinl in�urance compnny. Ci[y osvned property i� covered under lhe City af Fort Worth Ffre nnd Extended coverage program by n commerdal fnsurnnce policy. Statutor/ wnricers' compensation fnsuranrz, coverage i� �elf-funded to il�e �750,OOD.00 retenlion limit per inciden[ ove: which commercial coverage respond� v�ith no upper cnp; nnd, employers liabilihfcoverageis maintalnedatlhe$1,OOQ,ODO.�Dpolic/limit. in Oie e•dent ihere are any queslions regarding lhe City of Fcrt Worih's Inaurance program, or If I rnay be oi addi6onal nssistnnce, plea�e coninct nte nt the addre� provided, or phc,ne direct to 817-392-7750 or em�il mnri<.baria,��i forh�;orthter,ns.aa�. Thank you tor your time c�nd attention. Both nre npprecinted. On behalf of ihe Ciry of Fort Worih, we look for.vard fo � continued business relationchip. SI cerely, � I� � , ��///r�/�i��;�. Marfc J. Bartc� ` Risk Mnna�er FCV,1IfCL1L.1L1,�7,1GE\fE\T SER1'IG'ES DEPl1Ri\fE2rT RISIiI1L1N:1GE\IEYf DIti7SI0�7 CIh' OF FOR7 \COR'FH' 240 TEtAS STREET' FORT 1VORTH, 7E�tA5 76101 OFFiCE (EI7) 39?-7i90 'Fs1X (317) 392-SCld �ort 1VortB Flerilage Developmcnl License Agreemenl -Cily of rorl Worlh I�WPD Dike Palrol Slomgc Mny 27, 202A c/o Ciry of �orl Worlh I'roperry Man�gcmenl Deparlmenl 900 Monroe, Suilc �I00, �orl Wor�h, TX 7G 102 Page 7 of 7