HomeMy WebLinkAboutContract 28453 STATE OF TEXAS § ITS" SECRETARY
CONTRACT
COUNTY OF TARRANT
r
THIS LICENSE AGREEMENT is made and entered into this 'ay
of 2003 by and between 'tie City of Fort Worth, a home rule
municipal corporation situated in `arran t and Denton Counties, Texas (hereinafter
referred to as ""City") acting by and through its duly authorized Assistant City Manager,
and the Colonial Country Club, a corporation, located at 3735 Country Club Circle, Fort
Worth, Texas (hereinafter rl ferred to as "Licensee") acting by and through its duly
authorized representative.
TN E SIS TH
.. PREMISES.
That for and in consideration of the use of the Premises and the performance of the
mutua.l covenants and agreements herein contained and in consideration of the payment
"'y the Licensee to the City, City hereby covenants and agrees to permit the Licensee to
have the use of a certain portion of park land located dust cast of the eastern property line
of Colonial. Country Club, more commonly known as Forest Park, the same being located
in Fort Worth, Tarrant County, Texas, and being depicted on :exhibit "A"' (hereinafter
referred to as "the Premises") ,attached and incorporated herein for all purposes incident
to 'this Agreement, for the purpose of providing an iIulary services a.nd related activities
for the uu ual Colonial PGA. Tour golf tournament (hereinafter referred to as "the golf
tournament").
2. TERM.
(a) The primary ary to rm of this Agreement shall consist of five 5 annual license
periods of forty-five 45 consecutive days each year commencing with the 2003 calendar
year. The Licensee must notify the City in writing no later than :ninety 0 days prior to
the beginning of each annual license period of Licensee's intent t to use the Premises under
the ten-ns of this Agreement.,t. Failure of the Licensee to pay the City the annual, rental fee,
regardless of the latent to use the Premises, shall result in the termination of this
Agreement t and the forfeiture of any remaining annual license periods with no further
obligation., monetary or otherwise, on the part of Licensee or Cit
however, at Licensees sole option, play the annual license fee but
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writing no later than thirty (30) days prior to the begii-inin,g of the annual license period
for which the annual license fee is paid that the Licensee is not going to use the Premises
for that particular license period. In the event of nonuse of the Prey ises during a license
period, Licensee shall have none of the obligations, imposed upon Licensee under the
terms of th1s, Agreement (other, than payment of the annual rental) for that particular
license period nor shall the City have any duties imposed on it under the terms of this
Agreement for that particular license period other than the road closing as set out in
Paragraph 3.(c)l below, but Licensee shall not have waived its right to use the Premises
under the terms of thi.s. Agreement for subsea uent license periods nor shall Licensee have
I ions, as provided herein. The primary term of this Agreement
waived any renewal options I
may be renewed by mutual agreement between the Licensee and City for successive one
(1) year terms under the same conditions and terms of this Agreement.
(b) The annual license period shall be for forty-five (45) consecutive days each
calendar year. The annual license period shall be from May I"' to June 15'h' of each year.
310 RENTAtj FEES.
(a), As an express condition of'the Liceiriseel's obligation to pay the annual rental cited
in paragraph (b) of this Section, all sums received by the Parks and Community Services
Department (anal/or the City) and Streams and Valleys, ffic. will be expe!nded in carrying
out Parks and Community Services, Department purposes as directed by -the City of Fort
Worth Parks and Community Services, Director and as outlined by the Memorandum, of
Understanding between the City and Streams and Valleys, Inc., attached and incorporated
herein for all purposes incident to this Agreement as Exhibit"B".
(b) Licensee shall pay to the City, as, the annual rental fee, Two Thousand Five
Hundred ($2,500.00) Dollars per year for each annual license period. In addition to the
annual rental fee and in exchange for the license to use of this portion of parkland,
Licensee also agrees to pay Streams and Valleys, Inc., the aniount of' Twenty—Two
Thousand Five Hundred ($22,'500.00) Dollars, per year for each annual license period.
Unless otherwise specified by this Agreement, all payments shall be made to the City and
Streams, and Valleys, Inc. on or before the thirtieth (301) day following the last day of each,
annual license period for the golf tournament.
PACS/Colonial COUntry ClUb/Streams and vaiieys Use Agreernent for a Portion of Forest,Park 2
(c) As further consideration for Licensee pad the annual rental provided in
Yi p
Paragraph 3.(b) above, the City shall close that portion of Rogers Road from Colonial
Parkway to the entrance of the University Church parking lot to vehicular traffic that is
not under the exclusive control of Licensee from 7:00 a.m. until 7:00 p.m. during the
entire,week of the annual, Colonial PGA golf tournament.,
4, ICONDITION OF PREMISES.
(a) Licensee covenants and agrees that it shall. take the Premises as the Licensee finds
it. Licensee agrees that Licensee has examined the Premises prior to the execution oft is
Agreement and is satisfied with the physical condition of the Premises for the purposes
related to this Agreement. Taking possession of the Premises by the Licensee for the
license period shall be conclusive evidence of its receipt of the Premises, in a safe,
sanitary and acceptable condition and in good repair, except for those conditions -that are,
not in good repair which the Licensee provided City written notice of and which City
failed to reasonably correct.
(b) Licensee,, at Licensee's own expense,, shall keep the Premises and maintain, all
equipment and other properties, of the City in a safe, sanitary and acceptable condition
and in good repair. Licensee shall. restore and yield said Premises, equi,pment, and all
other properties belonging, to the City back to the City at the expiration of each annual
license period or termination of this Agreement in good or better condition, ordinary wear
and to excepted, as existed at the commencement of this Agreement and in which
Licensee found them.
(c) Licensee will pay the costs of repairing (to its condition inimeldiately, preceding
the occurrence of such damage) any damage which may be done to the Premises or any
of the fixtures, structures, or the natural environment by any act of Licensee or any of
Licensee's employees, agents, officers, or anyone visiting the Premises upon the
invitation of the Licensee including the patrons of the attract' I
nvi 1 ion or function for which
Licensee hereby is leasing the Premises. The City shall determine in its reasonable
judgment whether any damage has been done, the amount of the damage, the reasonable
costs of repairing the damage, and whether, under the terms of the Agreement,: the
Licensee is responsible. City shall provide Licensee with documentation of alleged
damages and costs to repair such damage. In the event of dispute of alleged damages and
PACS/Colonial Country Club/Streams and Valleys Use Agreement for a Portion o Forest Park 3
costs to repair such damage, the parties agree to mediate ef �e seeking other remedies,
with each side bearing the costs of mediation equally. In no event shall either party be
responsible for any legal fees of the other party associated with mediation.
(d) Any damage by the Li-censee or others incident to t he exercise of privileges herein
granted shall be repaired or replaced by the Licensee to the reasonable satisfaction of the
City within thirty days of'receipt of written notification from the City.
(e), City does not relinquish the right to control the management of the Premises, or
the right to enforce all necessary and proper rules for the management and operation of
the same. City, through its Manager, Parks and Community Services Director, police and
fire personnel and other designated representatives, has the right at any time to enter any
portion of the Premises (without causing or constituting a termination of the use or an
interference of the use of the Premises by the Licensee) for the purpose of inspecting and
maintaining the same mid doing any and all activities necessary for the proper conduct
and operation of public parks-, provided this shall not authorize or empower City to direct
the activities of the Licensee or assume liability for Licensee's, activities.
5, USE OF PREMISES.
(a) No later than thirty (3 01) days prior to each annual license period, Licensee shall
submit a site plan to the Parks and Community Services Director indicating the
placement of all structures, buildings and/or appurtenances., All site plans must be
approved by the Parks, and Community Services Director prior to Licensee placing any
structures, buildings anc/or on the Premises. The Director shall review the site plans
within ten (10) days of receipt and advise Licensee of any objections to the plans as
submitted.
(b) All temporary structures, buildings and/or appurtenances of any kind placed on
said Premises in connection with the golf tournament shall be removed and, the ground
area cleared no later than, the last day of the annual, license period. Licensee must obtain
written approval from the City of Fort Worth Parks and Community Services Director
prior to Licensee placing any permanent improvements on the Premises. City shall have
the exclusive right, title and interest in all permanent structures and improvements
constructed by Licensee on the Premises.
PAM CS/Colonial Country Club/Streams and Valleys 1 se Agreement for a Portion of Forest Park 4
(c) Ay additional electrical or utility service required by the Licensee shall be
furnished at the sole expense of the Licensee. Licensee must obtain written approval from
the City of Fort Worth Parks and Community Services Director Prior to Placing an
permanent utility improvements on the Premises. Any permanent utility improvements
shall become the property ofthe City at the end of each annual license period.
(d) No structures, buildings and/or appurtenances of any kind shall be placed on said
Premises within the drip line of any trees unless approved by the Parks and Community
Services Director.
(e) Parking areas shall be for support and official vehicles Manly. No paring lots or
areas shall be used for general paid or unpaid parking unless approved by the Parks and
w w
Community Services Director.
(f) No decorative or other materials shall be nailed, tacked, screwed or otherwise
physically attached to any part of the Premises of the City without the consent of the
City.
6, COMPLIANCE WITH LAWS AND REGULATIONS.
(a) It is agreed that Licensee will comply with all federal, state, and local laws,
statutes including all ordinances, charter provisions, rules and regulations of the City of
Fort Worth, including all rules, regulations and/or requirements of the City of Fort Worth
Police and Fire Departments; in connection with the this Agreement and use of said
Premises, and any, other regulations of any municipal authority of the City of Fort Worth
which apply to the Licensees use of the Premises as contemplated by this Agreement.
(b) Licensee shall comply with all Parks and Con -nu ity Services Department
regulations, policies, and specific requirements for the golf tournament and shall
coordinate with City staff with regard to use of the Premises.
(c) Licensee will not knowingly de or suffer to be done anything on said Premises
during the terms of this Agreement in, violation of the laws, statutes, ordinances, -rrul es,
regulations, charter provisions, directives or requirements referenced in paragraphs (a)
anal h of Section 6. of this Agreement. If the City calls the attention of Licensee to any
such violation on the Part of said Lice nsee or any Person employed by or admitted to said
Premises by Licensee, Licensee will immediately desist from and correct such violation
w
and/or vacate the Premises.
'ACS/Co oni l Country Flub/Streams and Valleys Use Agreement for a Portion of Forest Park 5
(d) Licensee shall obtain and pay for all necessary permits, licenses, and taxes, frorn
any governmental agency with jun'sdiction thereof and to pay lawful taxes, in connection
w
ith the use of the Premises and the associated golf tournament.
70 IDEMNIFICATION.
Licensee covenants and agrees to and does hereby indemnify, hold harmless and defend,
at its own expense, City, its officers, servants and employees, from and against any and
all claims or suits for property loss or damage and/or personal injury, including death, to
any and all persons, of whatsoever kind or character, whether real or asserted, an sing out
of the work and services to be performed hereunder by Licensee, its officers, agents,
�tees WHETHER OR NOT CAUSED IN WHOLE
employees, subcontractors, licensees or invitees, 2
OR IN PART, BY THE, ALLEGED NEGLIGENCE OF THE OFFICERSj §�ERVANTSj EMPLOY
OF THE CITY; Licensee likewise covenants, and agrees to, and does hereby, indemnify
and hold harmless City from and agai,nst any and all injuries, damage, loss or destruction
to property of City, during the perfon-nance of any of the terns and conditions of this
Contract, WHETHER ARISING OUT OF IN WHOLE OR IN PART2 ANY AND ALL ALLEGED
ACTS OR OMISSIONS OF O,FFICERS2 OR EMPLOYEES OF CITY.
81, INSURANCE,
Prior to the time Licensee is entitled to any n*ght of access to or use of the Premises,
Licensee shall procure, pay for and maintain the following insurance written by
companies, approved by the State of Texas and acceptable to City. The insurance shall be
evidenced by delivery to City of executed certif insurance and/or certified copies
v I icates of' I
of policies as determined by City. Licensee shall not be required to procure, pay for, and
maintain insurance for any license period where the Licensee pays the annual rental fee
but elects not to use the Premises.
Licensee covenants and agrees to obtain and keep in force during each license Period of
this Agreement, Commercial General Liability Insurance, I cluding, Personal, 'Injury
Liability,, Independent Contractors, Liability and Contractual Liability covering, but not
limited to, the liability assumed under the indemnification provisions of this Agreement,
with limits of liability for bodily injury (including death) and property damage of not less,
PALS/Col onial Country Club/Strearns and Valleys Use Agreement for a Portion of Forest Park 6
than One Million Dollars ($1,000,000), with an aggregate of not less than Two Million
Dollars, ($2,00,0,000) All insurance policies shall include the following.-,
1) The term of'insurance is for the duration of each License Period, which includes
the period from the right of access to set-up through the period allowed for removal of
property,
2) The policy shall require that thirty 3 ) days prior to the cancellation or any
material change in coverage, a notice shall he given to City by caroled mail-
3) Insurers shall have no right of recovery or subrogation against the City of port
"'worth, it being the intention that the insurance policy shall protect all parties to the
Agreement and be primary coverage for all losses covered by the policies,
4) Company issuing the insurance policy shall have no recourse against the City of
Fort Worth for payment of any premiums or assessments for any deductibles which all
are at the sole risk of Licensee,
5) The terms nor "City" or City
of Fort worth shall
Boards, :bureaus, Commissions, Divisions, Departments,, and Offices of the City and the
individual members, employees and agents thereof in their official capacities and/or
while acting on behalf of the City of Fort Worth., and
6) The policy clause "Other Insurance" shall not apply to any insurance coverage
currently held by City, to any future coverage, or to City's self-insured retention of
whatever nature.
7 The City, its officials, employees, agents and officers shall he endorsed as are
"Additional Insure " to all policies except Employers Liability coverage.
8. Coverage shall be a Combined Single Limit leer, Occurrence basis and the policy
shall include Broad Pori Property Damage Coverage with an insurance company
satisfactory to City. If insurance policies are not written for specified coverage limits, an
Umbrella or Excess Liability insurance for any differences is required. Excess Liability
shall follow form of the primary coverage.
9) Automobile Liability Insurance shall provide coverage on, any automobile,
including and defined as automobiles owned, hired and non owned with a One Million
Dollar $1,000,000) combined single limit per accident or $x'50,000 Property Damage
age
and $500,000 Bodily Injury per person, per occurrence..
t All policies shall be written by an insurer with an A-:V1II or letter rating by the
most current version of the A. M. Best Key Rating Guide or with such other financially
sound insurance carriers acceptable to the City.
I l Deductibles shall be listed on the Certificate of Insurance and shall be on a "per
occurrence"basis unless otherwise stipulated herein.
12, If coverage is underwritten on a claims-made basis, the retroactive date shall be
coincident with or prior, to the date of the contractual agreement and the certificate of
F'ACS/Col n al ountry Club/Strearns and valleys Use Agreement for a Portion oaf Forest ',ark
insurance shall state that the coverage 'is claims-made and the retroactive date. The
insurance coverage shall be maintained for the duration of the contractual agreement and
for five (5) years, following completion of the service provided under the contractual
agreement or for the warranty period, whichever is longer. An, annual certificate of
insurance submitted to the City shall evidence such insurance coverage.
13) Certificates of Insurance shall be delivered to the City of Fort Worth, 10001
Throckmorto�n Street, Fort worth, Texas 716102, evidencing all the required coverages,
0
including endorsements.,
Licensee shall further, provide liquor liability insurance with coverage limits in the
amount of one million ($1,000,,00:0) dollars each occurrence with a two million
($2,,000,000) dollar aggregate limit, adding the City its officials, employees, agents and
officers shall be endorsed as an "Additional Insured".
Licensee hereby waives subrogation rights for loss or damage against City, its officers,,
agents and employees for personal injury(including death), property damage or any other
loss.
Licensee shall not do or permit to be done anything in or upon any portion of the
Premises, or bring or keep anything therein or thereupon which will in any way conflict
with, the conditio ins, of any insurance policy upon the Pre rnices or any part thereof, or in
any way increase the rate of fire insurance upon the Premises, or on property kept, therein,,,
or in any way obstruct or interfere with the right of the other tenants of the Premises, or
injure or annoy them.
The City may terminate this Agreement immediately upon the failure of the Licensee to
provide acceptable documentation of insurance as required by this Agreement, provided,
however, the City will first give Licensee notice and a reasonable time (but in no event
less than two, weeks prior to the beginning, of the license period) to provide the necessary
documentation.
9. WAIVE,R OF IMMUNITY,
Licensee agrees that if it is a charitable organization,zation,l corporations, entity or individual
enterprise having, claiming or entitled to any irnrtlUnity, exemption (statutory or
otherwise) or limitation from and against liability for da.mage or injury to property or
persons under the provisions of the Charitable Immunity and Liability Act of 1987, C.P.
R.C., § 84.001 et seq., or other applicable law, that Licensee hereby expressly waives its
PAS CS/Colonial Country Club/Streams,and Valleys Use Agreement for a,Portion of Forest Park 8
right to assert or plead defensively any such immunity or limitation of liability as against
City.
10, RESPONDEAT SUPERIOR,
The doctrine of res ondeat superior shall not apply as between the Licensee and City and
nothing contained in thi's Agreement shall be deemed to constitute City and Licensee as
partners or join t venturers with each, other, nor shall the Licensee be considered to be an
agent, representative or employee of the City. Licensee shall have the exclusive control
of and the right to control its employees and the details of its operation on the Premises,
and shall be solely resporisible for the acts and omissions of its officers, agents,
employees, contractors and subcontractors.,
11. DISCRIMINATION.
Licensee agrees that, during the use of the Premises, Licensee will not subject
anyone to discrimination. in any,way because ofthe person's race,, color, sexual
orientation, national origin, age or handicap. No one can be excluded from the Premises
or denied the benefits of the Premises because of person"s race, color, sexual orientation,
national origin, age or handicap.
12, SECURITY PERSONNEL,
I
(a) Licensee, shall furnish security personnel in such number and manner as
prescribed by the City. Licensee hereby assumes sole responsibility for any and all acts
or omissions by its security personnel in the performance of their responsibilities
hereunder, and License agrees to indemnify, hold harmless and defend the City from any
and all claims or suits for property damage or personal injury rising out of, or in
connection with security personnel.
(b) Licensee shall provide, at its sole expense, any necessary traffic control for the
golf tournament.
(c) Licensee shall be responsible for furnishing, at Licensee's expense, all emergency
medical services necessary during each annual license period. Licensee shall provide, at
Licensee's, expense, for the number of dedicated standby ambulance units at the Premises,
PAC S/Colonial Country Club/Streams and Valleys Use AgTeernent for a Portion of Forest dark 9
as may be required by the City and shall use the City's current licensed provider for this
purpose.
13, AssIGNMENT.
I
Licensee shall not assign this contract nor siuffer any use of the Premises other than
herein specified, nor suble,t the Premises, or any part thereof without the written consent
of City. If assigned per the written consent of the City, Licensee agrees to ensure that any
assignee or sublessee will comply with all terms, provisions, covenants, and conditions of
this contract. Assignment or subletting of this Agreement shall not relieve lLicensee from
any of its obligations under this Agreement.
14. ENTIRE AGREEMENT.
This written instrument constitutes, the entire, Agreement by the parties hereto concerning
this license Agreement and the Premises, and the obligations of the parties, and any prior
or contemporaneous oral or written agreement which purports to vary from the terms
hereolf, shall be void.
156, AMENDMENT,
This Agreement cannot be modified or amended without the, written consent of all the
parties hereto and attached and made a part of this Agreement.
16, AG"EMENT BINDING.
This Agreement shall be binding upon and insure to the benefit of the parties hereto and
their respective heirs, executors, administrators, legal representatives, successors and
their assigns, except as otherwise provided in this contract.
I VENUE.
Venue shall be in the state courts located in Tarrant County, Texas or the United States,
District Court for the Northern District of Texas, Fort Worth Division.
18. FORCE MAJURE.
I
If the Premises or any portion thereof shall be destr�oyed or damaged by fire or other
calamity so as, to prevent the use of the Premises for the purposes and during the periods
specIfied in this license Agreement or if the use of the Premises by Licensee shall be
PACS/Colonial Country Club/Streams and Valleys Use Agreementfor a Portion off. orest Park 10
prevented by act of God, stake, lockout, material or labor restriction by any
governmental authority, civil riot, food, or any other like c cause beyond the control of the
City, then this contract shall terminate and Licensee hereby waives any claim against pity
for damages by reason of such termination.
1 SEVERABILITY.
In case any one or more of the provisions contained in this Agreement are held to he
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenfi rcc l ility shall not affect any other provision hereof and thi's contract shall he
considered as if such invalid, illegal or unenforceable provisions were never contained
herein.
20. NOTICES.
All notices required or permitted under this .Agreement ay he given to a
party personally or by mail, addressed to such at the address stated below or to such
gather address as one party mayfrom time to time notify the other in w g. Any notice
so given shall he deemed to have been received when deposited in the United States mail
so addressed with postage prepaid':
CITY.-
CITY MANAGER
1000 ROB RT N STREET
FORT'WORTH JEXAS 76102
LICENSEE-
COLONIAL COUNTR CLUB
ATTN.- PRESIDENT
3735 C UNTR C L CIRCLE,
FORT WORTH, TEXAs 7'6109
216 AUTHORIZATION.
By executing this Agreement, Licenseel's agent affirms that he or she is authorized by
Licensee to execute this Agreement and that all representations made herein with regard
y, (corporation, partnership, individual, etc.tC L�.censee � �dent�t address a.nd � al status
are true and correct
PACS/C.olonial Count Club/Streams and Valleys ,use Agreement for a Por tion of Forest Park
.ems,
EXECUTED on this the day of X003.
ATTEST: CITY OF FORT WORTH.
By:
ic` sist t Manager
9
ri
je
Approved as to form and legality: COLONIAL COUNTRY CLUB
David Yett, City Attorney
Byv
ist 4n C ityAttorney Pre nt e4
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public, in and for the State of
Texas, on this day personally appeared Joe Pan gna, Assistant City Manager, know to
me to be the person whose name is, subscribe to the foregoing instrument, and
aekn wledged t o me that the sane was the act of the City of Fort Worth and that hie
executed they 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 the � � day of
04 01 00 A
•� ROSELLA BARNES
.0
: NOTARY PUBLIC
co
State o'Texas
COMM.Ex p, 3-3I1-2005 Notary Public In and for the State of Texas
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this dpi ared authorized
y a
representative for Colonial Country Club, know to me to be the 'e-
rson whose name is
subscribe to the foregoing, instrument, and acknowledged to me that the same was the act
of the Colonial, Country Club and that he executed the same as the act of the said
Colonial Country Club for the purposes and consideration therein expressed and In the
capacity-therein stated.
GIVEN UNDER MY HAND AND SEAL U OFFICE this the Lj day of
2003.
PAM K.MA T11N
Notary ubl c in mid fir the Mate of "exa
ota; Public,State of TOM
commission Expires
' C S/Color I ub Streams and Valleys U se N cement for a Portion of F'orest Park
CONTRACT
BETWEEN THE
CITY of FORT WORTH
AND
STREAMS AND VALLEYS, INC
This Contract 1s made and entered into by and between the City, of Fort Worth, a.
home-rule municipal corporation of the State of Texas, located within Tarrant and
Denton Counties, (hereinafter referred to as "CITY" and Streams and valleys, Inc., a
501C 3 corporation, incorporated and operating under the laws of the State of Texas.
In consideration for the covenants and agreement hereafter set forth, It is mutually
agreed as follows
1. CITY and the Colonial Country Club have entered into a license agreement
whereby the CITY has provided the Colonial Country Club the use of a certain portion of
park land heated just east of the eastern property line of Colonial Country Club, more
eom.monly known as Forest Park, for a period of forty-five consecutive days each,
calendar year for five years for the purpose of providing ancillary services and related
activities during the annual Colonial PGA Tour golf tournament..
2. In exchange for the license to use of this portion of parkland, Colonial Country
Club has agreed to pay to the CITY, as the annual rental .fee, the amount of Two
Thousand Five Hundred ( Dollars per year for each annual license period. In
addition to the annual rental fee, Licensee has also agreed to pay Streams and Valleys,
Inc., the amount of Twenty—Two Thousand Five Hundred ($22,500.00) Dollars per year
for each annual license period.
3. STREAMS AND VALLEYS, INC, hereby a grees, that all sums collected from the
Colonial Country Club for use of that portion of park land known as Forest Parr shall be
expended solely for carrying out Parrs and Community Services Department purposes on
dedicated parr laird or land hinder the jurisdiction of the Tarrant regional Water District.
et.
4. All expenditures proposed by STREAMS AND VALLEYS, INC . involving the
use of said fees paid by the Colonial Country Club b under the license agreement ent with the
CITY shall he submitted in, writing to the Parks and Community Services Director and
shall he approved in writing prior to the use of any portion of the funds for any reason.
5. All . in s received by STREAMS AND VALLEYS, INC. shall he expended on a
schedule as mutually agreed upon by the CITY arid, STREAMS, AND VALLEYS, INC.
.
Any fands not expended during the calendar year In which they are received shall
rollover for use in the next calendar year and he eanuarked for the purpose of carrying
out Parrs and Community Services Department purposes, on dedicated park land or land
under.t e jurisdiction of the Tarrant Regional Water District.
FAGS/Colonial Country r Cl b/Streams and valleys Use Agreement for a Portion of Piet Park
lum
+ . The City of Fort Worth reserves the right to terminate this ,agreement
immediately, should any one or combination of the following occur.
a. The license agreement between the CITY and Colonial Country Club is
ten-ninated for any reason.,
b. STREAMS AND VALLEYS, INC. falls s to obtain approval from the
Director of Parks and Community Services for the expenditures off" y
i
porton of thy l rental. fees paid by the Colonial Country Club.
STREAMS AND VALLEYS, INC. explends any portion of monies
received from Colonial Country Club for any purpose gather than carrying,
out parks and Community Services Department purposes on dedicated
park, land or laid under the jurisdiction of the Tarrant Regional Water
District.
7. Termination of this Agreement without cause may be by either pa rty upon thirty
(30) days written notice. Said termination notice shall be considered rendered when
aced in the United States Postal Service for delivery to the other party. Upon
termination,, the parties shall be released from all obligations contained in Agreement
except for the Indemn1fication section in, paragraph 8, below.
8. STREAMS AND VALLEYS, INC. covenants and agrees to and does hereby
indemni y, hold harmless and defend, at its own expense, City, its officers, servants and
employees, from and against any and all claims or suits for all liability, demands, claims,
actions, losses, interests, from and against any and all claims or suits for property lass or
damage or personal injury, including death, to any and all persons, of whatsoever
kind or character, whether real or asserted, arising out of'oast of the work and services to
be performed hereunder by STREAMS AND VALLEYS, T C., its officers, agents,
e loyees, subcontractors, licensees or invitees, WHETHER NOT CAUSED IN WHOLE
OR IN PART, BY T E ALLEGED NEGLIGENCE OF THE OFFICERS2 S ANT$ EM'P11O
F TH E CITY; and to the extent permitted by law, said STREAMS AND VALLEYS,
INC. does hereby covenant and agree to indemnify, defend, and hold harmless the City,
its officers, servants and employees for any and all claims s gar ,suits for property loss or
damage and/or personal injury, including death, to any and all persons, of whatsoever
bind or character, w �
ether real or asserted, arising out of the work and services to be
performed hereunder by STREAMS VALLEYS, INC., its officers, agents,
employees or subcontractors,, WHETHER R NOT CAUSED,, IN WHOLE OR IN BAR
THE ALLEGED NEGLIGENCE OF THE OFFICERS12, SERVANTS2 R EMPLO)(EES OF THE CITY.
To the extent permitted by law, STREAMS AND VALLEYS, INC. likewise covenants
and agrees to, and does hereby, indemnify ,anal hold harmless City from and against any
and all injuries, damage, loss or destruction.to proplerty of City during the performance of
any of the terms and conditions of this Contract, WHETHER ARISING OUT OF IN WHOLE
OR IN PA T ANY AND ALL ALLEGED ACTS OR OMISSIONS OF OFFICERS, OR EMPLOYEES
OF CITY.
9. It is understood and agreed that the relationship of STREAMS, VALLEYS,
INC. to City shall be that of an independent contractor for all purposes and ire regard t
all matters arising out of this license agreement. STR-EA S AND VALLEYS, INC.
PACS/Colonial Country Club/Streams and"galleys Use Agreement for a Portion of Forest Park 2
a.
shall operate hereunder as an independent contractor and not as an agent, representative
or employee of'the City. STREAMS AND VALLEYS, INC'. shall have exclusive control
of and the exclusive right to control its eimpilolyees and the details of its operations on the
licensed premises and shall be solely responsible for the acts and omissions of I its
officers, agents, employees, contractors and subcontractors. The doctrine of respondeat
superior shall not apply as between STREAMS AND VALLEYS, INC. and City, its
officers, agents, employees, contractors, and subcontractors, and nothing herein shall be
construed as creating a partnership or Joint enterprise between STREAMS AND
VALLEYS, INC. and City.
10. Any assignment, transfer or attempted transfer or assignment of this agreement to
any other person, firm, or entity shall be void unless the CITY previously approved such
assignment or transfer. Upon reassignment, the new person, firm, or entity shall assume
all rights, duties and obligations possessed by STREAMS AND VALLEYS, INC. under
this agreement.
11. This Agreement is the final, entire and complete Agreement between STREAMS
AND VALLEYS, INC., and the CITY and supersedes any prior and contemporaneous
negotiations, understandings, representations and/or agreements,between the parties.,
12. This Agreement shall be construed in accordance with the laws of the State of
Texas. Exclusive venue for any lawsuits or actions of law or inequity arising hereunder
shall be in state courts located in Tarrant County,, Texas or the United States District
Court for the Northern District of Texas, Fort Worth Division.
13. Randle Harwood, Assistant Director will be the representative for the Parks, and
Community Services Department in regard to the implementation of this agreement and
for ensuring compliance with all terms, and conditions, thereof This individual may be
contacted at 817-871-5743.
14. Signature below indicates agreement and acceptance of the above terms
and conditions. One fully executed copy of the signed Agreement is to be returned to
FACT .
Executed on this the 1Y day of 2003.
Fort Worth Parks and Community STREAMS, AND VALLEYS, INC
Services Department REPRESEN T'IVE:
PACS/Colonial COUntTy Club/Streams,and Valleys Use Agreement for a Portion of Forest Park 3
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DATE REFERENCE NUMBER LOG NAME PAGE
12/17/012 **Col 9,3197 80!USE 1 of 2
iSUBJECT AUTHORIZATION TO EXECUTE AN AGREEMENT WITH COLONIAL COUNTRY CLUB
Xll STREAMS AND VALLEYS, INC. FOR THE USE, OF FOREST PARK
RECOMMENDATION.-
It is recommended that the City Cou�ncil�-,
1. Authorize the City Manager to execute an agreement with Colonial Country Club for the use of a
portion, of Forest Park for a 45-d'ay period related to the annual golf tournament in May and
2. Authorize the City Manager to execute an agreement with Streams and Valleys, Inc. to accept
$22,500 annually as a portion of the funds generated by the agreement to be directed toward
parkl'and and river corridor improvements; and,
3. Adopt the attached appropriation, ordiin:ance increasing estimated receipts, and appropriations in the
Park Improvements Fund in the amount of $2,500; and
4. Authorize this agreement to begin January 1, 2003, and expire December 31, 2007, with the option
-
to renew for successive one year periods, and
5. Authorize closure of Rogers Road from Colonial Parkway to the entrance of the University Church
parking lot from 7:00 A.M. to TOO P.M. during: the week of the annual Colonial Golf Tournament®
DISCUSSION:
During the development of the bid proposal to host the 20016 Ryder Cup, the west area of Forest Park
was conceived to be used as, a large corporate vililage. Activities would have included merchandise,
shops, corporate hospitality tents, and fitness trailers for players. Use of the area for patron vehicle
parking was not piroplosied,,
While the bid was unsuccessful, Colonial Country Club (Colonial), proposes to use the concept of' a
corporate village as part of their annual golf tournament. This area is identified on the attached map. The
specific area is bound by University Drive,: Colonial Parkway', Rogers Road, and the Clearfork of the
Trinity River. In exchange for the use of this area, Colonial Would annually pay $2,1500 to the City and
donate $2,2,,500 to Streams ends Valleys, Inc. (S,&V). The funds donated to S,&V would be earmarked for
park and trail improvements, along the Trinity River.
On February 26, 2002, a meeting; was held with neighborhood representatives, who endorsed the
project.
The terms and conditions of the agreements that will govern -the use of the space were outlined in the
March 5, 2002, Informal Report No. 8388. The agreements 'Include an indemnification clause and
requilre that the City be named as a co-insured on Colonial's liability insurance policy. Collonial would
be responsible for site preparation and would ensure that the site be returned to pire-ex'sting conditions
each year after the 45-day use period.
C Ity oj ro
rt Worth, Texas
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DATE REFERENCE NUMIBER LOG NAME' PAGE
12/17/02 "Gol 939:7 80USE 2, of 2
� SUBJECT AUTHORIZATION TO EXECUTE AN AGREEMENT WITH COLONIAL COUNTRY CLUB
AND STREAMS AND VALLEYS, INC. FOR THE USE OF FORESTPARK
On August 20, 2002, the Parks, and Community Services Advisory Board approved a motion endorsing
staff's recommendation to enter into this agreement with Colonial and S&V for the use of Forest Park.
This facility is located, In COUNCIL DISTRICT 9,
FISCAL 11 NFORMATION/CERTl FI CATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached' appropriation ordinance, funds will be avallablie in the current operating budget, as
appropriated, of'the Park Improvements Fun d.
JPk
ACCOUNT .. CENTER AMOUNT CITY SECRETARY
Submitted for City Manager's —FUND
Office by: (�O) 5�00.00
3)C188 488100 080188300120 2,
Joe Paniagua 6140 3)C188 522030 06-0188300120 $ 2,5�001.0101
Originating Department Head: 3)C188 488100 080188300130 $221500.00i
3)C188 541200 080188 001 $22,5001,010
Richard Zavala 5704 (from) APPROVED 12/17102
ORDINANCE NO 15384
Additional information Contact.-
Richard Za,vala 5704