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Home My WebLink About064771 - Construction-Related - Contract - Street Soccer USA Inc.CSC No. 64771 LICENSE AGREEMENT FOR HILLSIDE PARK BETWEEN THE CITY OF FORT WORTH AND STREET SOCCER USA INC. This LICENSE AGREEMENT ("Agreement") is made and entered into and by and between the CITY OF FORT WORTH, a home-rule municipal corporation ofthe State of Texas ("City"), acting by and through its duly authorized Assistant City Manager, and 5TREET 50CCER U5A INC., a New York nonprofit corporation ("SSUSA"), by and through its duly authorized representative. The City and SSUSA are referred to herein individually as a"Party" and collectively as the "Parties." WHEREA5, the Ciry is the owner of certain real property described as Hillside Park, a 24.3 acre community park located at 1201 E. Maddox Ave., Fort Worth, Texas 76104; WHEREAS, SSUSA desires to design and construct a street soccer field which is a small side synthetic turf soccer field with LED lights, on a portion of Hillside Park to provide athletic and recreational opportunities to Fort Worth residents; WHEREAS, the residents of the City will benefit from the improvements SSUSA constructs in Hillside Park by providing youth soccer enrichment opportunities that would not otherwise exist; WHEREAS, each Party finds that the performance of this Agreement is in the common interest of the Parties, that the undertaking will benefit the public interest and that the division of costs fairly compensates the performing Party for the services or functions under this Agreement; and NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the Parties mutually agree to the following: SECTION 1 PREMISES 1.01 For and in consideration of the terms and conditions of this Agreement, the City grants SSUSA permission to develop, improve, use, and maintain a portion of Hillside Park, located at 1201 E. Maddox Ave., Fort Worth, Texas 76104 ("Premises"), which is more specifically identifed in Exhibit "A" which is attached hereto and incorporated herein by reference. SECTION 2 TERM 2.01 The initial term of this Agreement is for a period of Ten (10) years, effective beginning on the date that the City's authorized representative executes the Agreement ("Initial Term"). 2.02 The Initial Term may be renewed by mutual written agreement of the Parties for two (2) successive five-year terms under the same terms and conditions of this Agreement (each a"Renewal Term"). OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX LICENSE AGREEMENT FOR HILLSIDE PARK � BETWEEN THE CITY OF FORT WORTH AND 1 of 20 STREET SOCCER USA INC. SECTION 3 DUTIES AND RESPONSIBILITIES OF THE PARTIES: USE NOT EXCLUSIVE 3.01 Duties of SSUSA. a. Design and construct a street soccer field which is a small side synthetic turf soccer field with LED lights, as more specifically identified in Exhibit "B" which is attached hereto and incorporated herein by reference, (all work collectively referred to as "Improvements") in accordance with the construction plans approved by the City. b. Provide all maintenance for the Improvements and provide up to $10,000.00 worth of required maintenance per year as requested by the City or as needed. Maintenance shall be completed within a reasonable time no later than 90 days of the request. SSUSA shall provide prior notice to the City a list of the intended maintenance activities and shall apply for any necessary permits required. c. Timely submit to the City reservation requests of the Improvements for community-based recreational soccer programs to local youth for communiry enrichment ("Programming") for each season: i. The dates and times for Spring season shall be submitted no later than December 1 sr of each previous year. ii. The dates and times for Summer and Fall seasons shall be submitted no later than April 1 sr of each year. iii. Any additional dates and times after the seasonal deadlines shall be provided to the City no later than two weeks in advance. iv. The City reserves the right to reserve the Improvements for other individuals and entities on a first-come, first-seroe basis, when reseroation requests are not made timely. d. Remove any temporarily placed soccer equipment from the Premise after each Programming use. e. Maintain the LED lighting units and the control system around the Improvements year- round. SSUSA shall be responsible for any necessary repair and replacement of the LED units and control system. £ Submit all signage requests to the City for review and approval, prior to installation. 3.02 Duties of the City. a. Prepare the Premise for construction by removing existing infrastructure and fencing. b. Maintain the park and open space in accordance with Park Standards. c. Accept the Improvements on the Premises upon inspection and approval. Reserve the Improvements for the dates and times for SSUSA's timely submitted LICENSE AGREEMENT FOR HILLSIDE PARK BETWEEN THE CITY OF FORT WORTH AND 2 of 20 STREET SOCCER USA INC. reservation requests and waive reservation fees for the Programming. d. Pay electric utility charges for the lights at the Premises. 3.03 The City reserves the right to enter into and grant licenses, leases, and other authorizations for use of the Improvements and the Premises to other persons and entities as the City deems appropriate, in accordance with applicable law, so long as those licenses, leases, and authorizations do not impede on the rights granted to SSUSA under this Agreement. In the event that the City enters into the same with a third- party, then SSUSA will not be liable for any damages caused by the third-party, nor with SSUSA provide any supplemental maintenance not already covered under this Agreement. Any such reservations and use shall be consistent with the shared goal of increasing free or low-cost access to the sport of soccer for community members of all ages and abilities, and shall prioritize community-serving, mission-aligned activities. 3.04 In providing use of the Improvements and the Premises by SSUSA, City does not relinquish the right to control the management of Improvements and the Premises, or the right to enforce all necessary and proper rules for the management and operation of the same. SECTION 4 TERMINATION 4.01 SSUSA may terminate this Agreement for any reason by providing the City with ninety (90) days' written notice of termination. City may terminate this Agreement for any reason by proving SSUSA with ninety (90) days written notice of termination. 4.02 If SSUSA breaches a material provision of this Agreement and such breach has not been cured within thirty (30) calendar days after the City sends written notice to SSUSA (or, if additional time is reasonably required in order to cure the breach and provided that SSUSA is diligently pursing the cure, within such additional time as may be necessary), then City will have the right to terminate this Agreement. 4.03 Non-annronriation of Funds. In the event no funds or insufficient funds are appropriated by either Party in any fiscal period for a Party's obligations under this Agreement, that Party will notify the other Party of such occurrence and this Agreement will terminate on the last day of the fiscal period of the applicable Party for which appropriations were received without penalty or expense to that Party of any kind whatsoever, except as to the portions of the obligations herein agreed upon for which funds have been appropriated. 4.04 Duties and Obli�ations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, the City and SSUSA will be responsible for their respective duties and obligations under this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, SSUSA must remove its personal property from the Premises, and City will be responsible for payment of the electric utility charges for the lights at the Improvements and all maintenance of the Improvements and the Premises. 4.05 All deadlines under this Section 4 may be extended by written agreement of the City and SSUSA. LICENSE AGREEMENT FOR HILLSIDE PARK BETWEEN THE CITY OF FORT WORTH AND 3 of 20 STREET SOCCER USA INC. SECTION 5 IMPROVEMENTS 5.01 For all Improvements to be constructed or placed on the Premises by SSUSA, SSUSA must submit all construction plans, specification, and drawings ("Plans") to the City's Director of the Park & Recreation Department or that person's designee ("Director") and obtain the Director's approval of the Plans prior to beginning construction or placement of the Improvements on the Premises. a. In addition, SSUSA must obtain all permits and approvals required by the City for the Improvements to be constructed on the Premises, including, but not limited to, approval of construction plans by the Infrastructure Plan Review Center and obtaining any required building permits. b. All Improvements constructed by SSUSA must meet or exceed the City's standards at the time of approval. c. SSUSA will not construct any improvements, additions, or alterations without the approvals and permits required herein. 5.02 Approval by the City does not constitute a release of the responsibility and liability, if any, of SSUSA, its agents, servants, employees, contractors, and subcontractors for the accuracy and competency of its designs, working drawings, and specifications or other engineering documents. City, by approving the plans and specifications, assumes no liability or responsibility for the design or for any defect in any of the design, working drawings, and specifications. 5.03 City has exclusive right, title, and interest in all Improvements constructed on the Premises upon completion of construction, inspection, and acceptance by the City. All improvements shall be considered personal property of SSUSA prior to acceptance. City has the right to repair or remove any and all Improvements on the Premises at any time. 5.04 The Premises and the Improvements shall be kept free of inechanic's and materialman's liens at all times. SSUSA will require any contractors to indemnify the City against any and all mechanic's and materialman's liens or any other type of claims or liens imposed upon the Premises arising as a result of its conduct or inactivity, as well as any claim for personal injury or property damage claim that may arise during construction. 5.05 SSUSA shall obtain payment and performance bonds from contractors constructing all Improvements and a maintenance bond from all contractors constructing Improvements that is valid for a period of two (2) years. All payment, performance, and maintenance bonds must name the City as a dual obligee. SECTION 6 INDEPENDENT CONTRACTOR 6.01 SSUSA operates hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. SSUSA has the exclusive control of, and the exclusive right to control all work to be performed by SSUSA pursuant to this Agreement and all persons performing the work, and to the extent LICENSE AGREEMENT FOR HILLSIDE PARK BETWEEN THE CITY OF FORT WORTH AND 4 of 20 STREET SOCCER USA INC. allowed by law and without waiver of any immunity of defense, shall be solely responsible for the acts and omissions of its officers, members, agents, and employees. Ciry will not be responsible under the doctrine of respondeat superior for the acts and omissions of SSUSA, its officers, members, agents, employees, or contractors. 6.02 Nothing herein will be construed as the creation of a partnership or joint enterprise between City and SSUSA. It is further understood that City will, in no way, be considered a co-employer or a joint employer of SSUSA or any employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers of SSUSA. Neither SSUSA, nor any officers, agents, servants, employees or subcontractors of SSUSA will be entitled to any employment benefits from City. SSUSA shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers. SECTION 7 INSURANCE 7.01 SSUSA and all contractors hired by SSUSA to perform wark pursuant to this Agreement must have, at a minimum, insurance coverage as detailed below. Prior to commencing any work, SSUSA will deliver to City, certificates documenting this coverage. The City may require the entire insurance policy be delivered to the City for inspection. All insurance must be maintained through the term that such activities take place on the Premises. a. Insurance Coverage and Limits: i. Commercial General Liability Insurance $1,000,000 each occurrence ii. $2,000,000 aggregate b. Automobile Liabiliry Insurance: i. Coverage on vehicles involved in the work performed under this contract: $1,000,000 per accident on a combined single limit basis or: $500,000 bodily injury each person; $1,000,000 bodily injury each accident; and $250,000 property damage. ii. The named insured and employees of SSUSA or its contractor will be covered under this policy. The City of Fort Worth must be named an Additional Insured, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Agreement will be included under this policy. c. Worker's Compensation: i. Coverage A: statutory limits ii. Coverage B: $100,000 each accident iii. $500,000 disease -policy limit iv. $100,000 disease -each employee d. Professional Liability (Errors & Omissions): i. $1,000,000 — Each Claim Limit ii. $1,000,000 — Aggregate Limit e. Miscellaneous LICENSE AGREEMENT FOR HILLSIDE PARK BETWEEN THE CITY OF FORT WORTH AND 5 of 20 STREET SOCCER USA INC. i. Applicable policies must be endorsed to name the City an Additional Insured thereon, as its interests may appear. The term City includes its employees, representatives, officers, offcials, agents, and volunteers. ii. Certificate(s) of Insurance must document that insurance coverage specified herein are provided under applicable policies documented thereon. iii. Any failure on part of the City to request required insurance documentation does not constitute a waiver of the insurance requirements. iv. A minimum of ninety (90) days' notice of cancellation or material change in coverage must be provided to the City. A thirty (30) days' notice will be acceptable in the event of non-payment of premium. Such terms must be endorsed onto the contractor's insurance policies. Notice must be sent as prescribed in this Agreement and to the Park & Recreation Department — Golf/Athletics Division, City of Fort Worth, 100 Fort Worth Trail, Fort Worth, Texas, 76102. v. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers will be acceptable to the City in terms of their financial strength and solvency. vi. Deductible limits, or self-insured retentions, affecting insurance required herein will be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups also must be approved. Dedicated financial resources or Letters of Credit may also be acceptable to the City. vii. Applicable policies must each be endorsed with a waiver of subrogation in favor of the City. viii. The City will be entitled, upon its request and without incurring expense, to review the contractor's insurance policies including endorsements thereto and, at the City's discretion SSUSA may be required to provide proof of insurance premium payments by the contractor. ix. The Commercial General Liability insurance policy will have no exclusions by endorsements unless the City approves such exclusions. x. The City will not be responsible for the direct payment of any insurance premiums required by the contract. xi. All insurance required above must be written on an occurrence basis in order to be approved by the City. SECTION 8 CLAIMS AND LIABILITY 8.01 SSUSA WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF CONTRACTOR, OR ITS DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, CONTRACTORS, EMPLOYEES, PATRONS, GUESTS, INVITEES, OR PROGRAM PARTICIPANTS. SSUSA HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE AND LOSS AND PERSONAL INJURY ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE INSTALLATION AND/OR MAINTENANCE PERFORMED BY SSUSA UNDER THIS AGREEMENT. LICENSE AGREEMENT FOR HILLSIDE PARK BETWEEN THE CITY OF FORT WORTH AND 6 of 20 STREET SOCCER USA INC. 8.02 INDEMNIFICATION — SSUSA, AT ITS SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBY DEFEND, INDEMNIFY, PROTECT, AND HOLD HARMLESS CITY AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS EMPLOYEES, AND SERVANTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE INSTALLATION AND/OR MAINTENANCE PERFORMED UNDER THIS AGREEMENT BY SSUSA OR ANY OF ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS; (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY ANY ACT OR OMISSION ON THE PART OF CONTRACTOR OR ANY OF ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS; OR (3) BY ANY BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF CONTRACTOR UNDER THIS AGREEMENT (COLLECTIVELY, "LIABILITIES"). 8.03 If any action or proceeding is brought by or against the City in connection with any such liability or claim, SSUSA, on notice from City, must defend such action or proceeding at SSUSA's expense, by or through attorneys reasonably satisfactory to City. 8.04 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligations under this Section, such legal limitations are made a part of the indemnification obligation and will operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation will continue in full force and effect. 8.05 SSUSA agrees to notify City promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death, or damages related to Services performed under this Agreement. SSUSSA agrees to make its officers, representatives, agents, and employees available to City, at all reasonable times, for any statements and case preparation necessary for the defense of any claims or litigation for which City may be responsible hereunder. 8.06 The provisions in this paragraph are solely far the benefit of the Parties to this Agreement and are not intended to create or grant any rights, contractually or otherwise to any third party. SECTION 9 NOTICES 9.01 Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants, or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: Citv: City of Fort Worth Park & Recreation Director 100 Fort Worth Trail, SSUSA: Street Soccer USA Inc. Attn.: Rob Cann, Managing Director 106B Nassau Avenue #240, LICENSE AGREEMENT FOR HILLSIDE PARK BETWEEN THE CITY OF FORT WORTH AND STREET SOCCER USA INC. 7 of 20 Fort Worth, TX 76102 With Conies to: City of Fort Worth Attn: Assistant City Manager and City Attorney's Office 100 Fort Worth Trail, Fort Worth, TX 76102 Brooklyn, NY 11222 Email: rob@streetsoccerusa.org SECTION 10 NONDISCRIMINATION 10.01 The Parties will not engage in any unlawful discrimination based on race, creed, color, national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited criteria in any decisions relating to this Agreement, and the Parties represent and warrant that, to the extent required by applicable laws, they are equal opportunity employers and will comply with all applicable laws and regulations in any employment decisions. SECTION 11 ASSIGNMENT 11.01 City and SSUSA will not assign, sublet, subcontract, or transfer any interest in this Agreement without the written consent of the other party. Except as otherwise provided in this section, no assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of the other Party. It is understood and agreed that SSUSA may use subcontractors for construction and maintenance of the Improvement in accordance with the terms and conditions of this Agreement. City may use contractors to perform its maintenance obligations under this Agreement. SECTION 12 PARTIES BOUND 12.01 This Agreement is binding upon the successors and assigns of both Parties in like manner as upon the original Parties. SECTION 13 APPLICABLE LAW AND VENUE 13.01 This Agreement will be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this Agreement will be in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. SECTION 14 SEVERABILITY OF PROVISIONS 14.01 If any of the Provisions contained in this Agreement are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability, will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. LICENSE AGREEMENT FOR HILLSIDE PARK BETWEEN THE CITY OF FORT WORTH AND 8 of 20 STREET SOCCER USA INC. SECTION 15 COMPLIANCE WITH LAWS 15.01 The Parties warrant that their obligations will be performed with due diligence in a safe and professional manner and in compliance with any and all applicable statues, rules, and regulations. The Parties will comply with all federal, state and local laws. SECTION 16 RIGHT TO AUDIT 16.01 SSUSA agrees that the City will, until the expiration of three (3) years after termination of this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of SSUSA involving transactions relating to this Agreement. SSUSA agrees that the City will have access during normal working hours to all necessary SSUSA facilities and will be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City will give SSUSA reasonable advance notice of intended audits. The City will be responsive for its own costs in conducting an audit. SECTION 17 REMEDIES 17.01 No right or remedy granted herein or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted but each will be cumulative of every other right or remedy given hereunder. The failure of any Party hereto to exercise the rights granted them herein upon the occurrence of any of the contingencies set forth in this Agreement will not in any event constitute a waiver of any such rights upon the occurrence of any such contingencies. 17.02 If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants conditions or any other part of this Agreement will remain in full force and effect and will in no way be affected, impaired or invalidated. 17.03 The headings in this Agreement are inserted for reference only and will not define or limit the provisions hereof. SECTION 18 AUTHORIZATION 18.01 The undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the Parties hereto and each party hereby certifies to the other Party that any necessary resolution or actions extending such authority have been duly passed and are now in full force and effect. SECTION 19 FORCE MAJEURE 19.01 If either Party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a LICENSE AGREEMENT FOR HILLSIDE PARK BETWEEN THE CITY OF FORT WORTH AND 9 of 20 STREET SOCCER USA INC. state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the Party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its community centers, parks, or other City-owned and operated properties and facilities in the interest of public safery and operate them as the City sees fit. SECTION 20 REVIEW OF COUNSEL 20.01 The Parties acknowledge that each Party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting Party will not be employed in the interpretation of this Agreement or exhibits hereto. SECTION 21 IMMIGRATION NATIONALITY ACT 21.01 SSUSA will verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, SSUSA will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. SSUSA will adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any SSUSA employee who is not legally eligible to perform such services. SSUSA will be responsible for any penalties, liabilities, or losses due to violation of this section by SSUSA or its employees, subcontractors, agents, or licensees. SECTION 22 MULTIPLE ORIGINALS AND ELECTRONIC SIGNATURES 22.01 The Parties may execute multiple originals and multiple counterparts of this Agreement, each of which will be considered an original document. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. SECTION 23 SOLE AGREEMENT 23.01 This Agreement represents the entire Agreement by and between the parties and supersedes all previous letters, understanding or oral agreements between the City and SSUSA. Any representations, promises, or guarantees made but not stated in the body of this Agreement are null and void and of no effect. 23.02 No Party may make, revise, alter, or otherwise diverge from the terms and conditions of this Agreement without a written amendment to this Agreement. LICENSE AGREEMENT FOR HILLSIDE PARK BETWEEN THE CITY OF FORT WORTH AND 10 of 20 STREET SOCCER USA INC. [SIGNATURES ON FOLLOWING PAGE] LICENSE AGREEMENT FOR HILLSIDE PARK BETWEEN THE CITY OF FORT WORTH AND 11 of 20 STREET SOCCER USA INC. IN WITNESS WHEREOF, the Parties have executed this Agreement in multiples. City: ,�ana �r��Gt�fo�' B�7; Dana Burghdoff (Feb 2d, 2026 09AS23 CST) Name: Dana Burgdoff Title: Assistant City Manager Date: 02�24�2026 SSUSA: By: �WV �iZ�il�/ Name: Rob Cann Title: Managing Director FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: By: /`�' - � Name: Dave Lewis Title: Director Park & Recreation Department Approved as to Form and Legality: . %�� By. Name: Hye Won Kim Title: Assistant Ciry Attorney Contract Authorization: M&C: 26-0066 (1/27/2026) Form 1295: 2025-1402454 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. �w( .(.� .A/\ By: Kyle cClure (Feb 23, 2026 12:32:23 CST) Name: Kyle McClure Title: Assistant Director Park & Recreation Department 4Foan nr°Ilpa City Secretary: ;; �°°� ��oadA ° Sp-�0 p ~B q dV= a=� C�Q,�c�k�- /, � oP° * �'� � � *" a°nn oEXPso4� By: � Name: Jannette S. Goodall Title: City Secretary �FFICIAL RECORD CITY SECRETARY FT. WORTH, TX LICENSE AGREEMENT FOR HILLSIDE PARK BETWEEN THE CITY OF FORT WORTH AND 12 of 20 STREET SOCCER USA INC. EXHIBIT A PREMISES �` � � r � � ' , � vi��:r��:�u�: . , : �; �. .aM �"' � � ` . - ,�it�,�� -; �' �. i �� '' ; - �. ,�, ` � R.i �� r �1' , ,14 * " ` ' � i � � �- � � � ' � � � � `=-; t• � , �'{ . ��. . . 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DATE: 1/27/2026 REFERENCE NO.: **M&C 26-0066 LOG NAME: M&C Review 80STREET SOCCER USA PUBLIC NO CODE: L TYPE: CONSENT HEARING: SUBJECT: (CD 8) Authorize Execution of an Agreement with Street Soccer USA for the Design, Construction, and Maintenance of a Street Soccer Field in Hillside Park; Authorize Fee Waivers Associated with the Development and Use of the Field by Street Soccer USA; Find that the Fee Waivers Serve a Public Purpose, and Adequate Controls are in Place to Carry Out Such Public Purpose; and Authorize Acceptance of the Assets upon Completion RECOMMENDATION.: It is recommended that the City Council: 1. Authorize the execution of an agreement with Street Soccer USA for the design, construction, and maintenance of a street soccer field in Hillside Park; 2. Authorize fee waivers associated with the development and use of the field by Street Soccer USA; 3. Find that the Fee Waivers Serve a Public Purpose, and Adequate Controls are in Place to Carry Out Such Public Purpose; and 4. Authorize acceptance of the assets upon completion. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of an agreement with Street Soccer USA (SSUSA) for the design, construction, and maintenance of a street soccer field in Hillside Park; authorize fee waivers associated with the development and use of the field by Street Soccer USA; find that the fee waivers serve a public purpose, and adequate controls are in place to carry out such public purpose; and authorize acceptance of the assets upon completion. SSUSA is a nonprofit 501(c)(3) corporation that operates in 16 U.S. cities and provides more than 75,000 historically marginalized youth with access to soccer. The Park & Recreation Department (PARD) has been approached by SSUSA, seeking an agreement with the City to provide for the design and construction of a street soccer field which is a small side synthetic turf soccer field with LED lights and a scoreboard, on public parkland. Through a series of discussions, it was determined Official site of th� �C�RT�'�'URTII _�_ 1/4 apps.cfwnet.org/council_packeUmc_review.asp?ID=34109&councildate=1 /27/2026 M&C RevieW ro�e�t Will "(he prop° e ay tQ be �t th�S fa��aest�nat�on am at�on to conssform �nt� a IoG tran of 10 years, oSt appro'Priate �s eX�st t� term SA Sole m Gou init►a� s rk Was the nt tennis e Usp,fior an a G��Sep ua� design, 219l26, 5',58 PM a where the �urre tS alik • SOG�er field at that Hillside P d residen ent withW S re s M&C are stru to an greem be co by touetl s, �+isitors an enter inSP a on �s atta�hed tO th exh ut�on e a9 e�1ent. ed e City v will � of th re us that th S, gS �b ommends a� opt�on The exec PARp re� rene`N it�a� term• to the C�ty uP�n o fiive-year �urin9 the ��eed upon Prior as fo�lows� oWned by the with � d ex'PenSe will be ag ment are Will be co a the fina� des�g� the proP°Sed agree ta�led �n G�ty park�and A for an �or termS °f vements �nsance� d insta�led b`! S eqs d perm�ts uire 1 h e mersh�P TnSpe po an� a � c e P a�aged �y SSS1q1e fo obta� n� n 9 an`! �W� 1 ��% fiunde SUSA Shall be resp�n � frastru�ture and fen��ng� � tor. S In�ta►lation �ontra� existin9 �n of the field an . the insta�lat�on • o�ing rarnrn�n J e ares the S�te by r�m servation fees f benefit of the Pro9 C�ty pr p ived fiield r�ue tQ the pub�ic on site in gite PreP eives wa ents, v�d by the C�ty Q{ Field A re�edulmg for e� a S�gna9e aP'Pro a�d W�11 use PS° Sy d h dis'Pl y ance p r o v � d e d Spo�Sors ma�y anGes' field m a� n t eer year a s e gSco �an�� with City � 1b1e for P°st-ins�a�ed�maintenan�e P S�gnaJ aC w�ll b� res O°�p �� worth of req S. SSUS�` to $�0, rene`n+a� °'Pt�on �aintenan�e pro�ide up five-year field wi11 be�°me needed• With tW° treet SOc�er vide ofi 10 years, of the s r vSP Will pro d uP to term Struct�on et So�ce �,ent {h of the In�t�al for the �On Stre munity enri�he len9 et. lf the Term arkland A,�er �nsta�� uth fO� �Om C y fOr on Gity P tan�e. � yo the 't eratin9 bud9 Iled nd aG��p ograms tO ��Ga Std by the PAR� oP .. ents insta n a as reque onsib�Uty� USP imprOVem on �nsPect�o a1 So�Ger p e annua��y e �overe Gity'S res'P et Soccer Any roPe�' based recreafio tl ma�ntenan� �an�e Will b ill be�O � use fieltl b`J Stre C�ty m u ni� - WQ h o f requ�re S t s of �'ainte nance w af the ,nte �� e nt. Pn`I add1� s not ene`Ned° a l l o ahe deve�op'�1e n t a� �ont a�t laPs e s he�ees that ma' Y a p p y Win9�� S and trade per m► t s) umma N ° f e not �i m� t e tl to, th� fo�lo 1�sp e c t � o n A qut ar v1ew, in�lu�e, �n�luding Plan R� �EE-�YpE Perm1t retated Fees C uilding 112712�26 P11 B �ID=34�p9&c�Uncildate= t.org��Ouncil packedm� re�ieW.asp • aqps.cfwne 2�4 M&C Review 2/9126, 5:58 PM Board of Adjustment Application Fee Sign Permit Fees Park Reservation Fees g a roval of this M&C, the City Council finds �thas{ ee So cer USA servesl atpublic purpose S Y pp development and use of the street soccer fiel Y la ers and because it fosters the opportunity for PARD to pn�then ctommrun t es by deve oping team p Yy ramin to stre g ortunities, youth to participate in soccer prog 9 leaders and furthers the goals of the dep�antma d enhap �ng commun ty partnersY►�ps The City Council reinvesting in existing facilities, and bu g further finds that adequate contractual controls are in place to carry out such a public purpose. Hillside Park is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: ' ctor of Finance certifies that approval of this recommendation will have no material effect on The Dire . An assets acquired as a result of this agreement will be recorded in the City's financia City funds y records as appropriate. TO Fund Department ID F_ Fund � Department ID Originating Denartment Head:. Account I Project I Program � Activity BYear t ID Account I Project Program Activity I BYear t ID Submitted for Citi► Manaqer's Office by_ Additional Information Contact:. ATTACHMENTS. Dallas Field Board - Qallas.pdf (GFW Internal) Form 1295 Certificate 101471611.pdf (CFW Internal) Dana Burghdoff (8018) Dave Lewis (5717) Kyle McClure (5856) apps.cfwnet.orglcouncil_packeUmc_review.asp?ID=34109&councildate=1 /27/2026 Reference # Amount (Chartfield 2) I Reference # I Amount (Chartfield 2) 3/4 PA&C Review 219l26, 5:58 PM Hillside Park.Ip9 iCFW Internal) 414 apps,cfwnet.org �council_packetlm�_review.asp��-34109&councildate=� �27�2�26 F�RT��RTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Street Soccer USA Inc. SUbJeCt Of tlle f�gPeerilerit: License Agreement between the City of Fort Worth and Street Soccer USA Inc. to develop, improve, use, and maintain a portion of Hillside Park for a synthetic street soccer field. M&C Approved by the Council? * Yes ❑✓ No ❑ If �so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No ❑✓ If �so, provide the original contract number and the amendment number. Is the Contract "PermanenY'? *Yes ❑ No 0 If �unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: upon ACM signature ExplratlOri Date: 10 years after ACM signature If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑✓ No ❑ *If �so, please ensure it is attached to the approving M&C or attached to the contract. Proj ect Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑✓ No ❑ Contracts need to be routed for CSO processin� in the followin� order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.