HomeMy WebLinkAboutContract 45362 CITY '"'WFAMOOX,
LICENSE AGREE ME N CMMCT 1406! , �=" I Z.,
This LICENSE AGREEMENT ("Agreement") is rude and entered into by and between the
City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas, acting by and
through its duly authorized assistant City Manager, and the Elite Clubs National League, Inc.
("Licensee"), a Wisconsin nonprofit corporation, acting by and through its duly authorized
representative.
WHEREAS, City owns Rolling Hills Park located at 2525 Joe B. hushing Road in Fort Worth,
Texas 76119("'Park"'),which is depicted on Exhibit A and incorporated herein,
WHEREAS, a portion of the Park consists of a soccer complex:, with moire than 20 soccer
fields, for use as a recreational area, which is more commonly known as the Rolling Hills Soccer
Complex
WHEREAS, Licensee is an organization established to enhance the developmental experience
of female youth soccer players in the united States,
WHEREAS,, to serve its mission, the Licensee wishes to host a soccer event at the Park from
February 18, 2014 through February 23, 2014, involving 132 teams from across the United States
("Event"),,
WHEREAS, the Event is a national event that its estimated to create a $3.4 million positive
economic impact for the City of Fort Worth and surrounding areas;
WHEREAS, because of the positive economic impact that the event is anticipated to create,the
Arlington and .Fort Worth Convention and visitors Bureaus have ,agreed to help of set some of the
City's expenses up to 1 0,4301.001,,
WHEREAS,, the size and magnitude of the went mill serve to promote the recreational.
advantages of the sport of soccer and the Rolling Hills Soccer Complex therefore, the use of the Part
for this Event serves the overall recreational purpose of the Par
WHEREAS,the Event will be open and tree to public spectators-,
WHEREAS, the City desires to provide Licensee with use of the Park for the purposes stated
herein and in accordance with the terms of this Agreement; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
expressed, the parties agree as follows;
10
Licensed Premises
1.01 For and in consideration of the License Fee as hereinafter defined) to he paid
hereunder and other valuable promises, covenants, and agreement, the City hereby grants, to Licensee a.
non-exclusive right to use and occupy a portion of the Park known as the Rolling,Pulls Soccer Complex,
which is depicted in Exhibit B attached hereto and incorporated herein, "Licensed Premises"). The
Licensed Premises includes the use of the Tarrant County College "TC'C" Parking Lot, as depicted in
License Agreement with Elite National League,Inc l of 1
CITY SECRETARY
RTN
FTe WORTHs TX RECEIVED
IG
Exhibit B,, as overflow parking for the Event, if, and only if the City secures written authorization from
TCC for such, use; otherwise it will be excluded from use. Licensee shall use the Licensed Premises
solely for the purposes of setting up, conducting, and taking down the Event in accordance with the
terms of thisAgreement.
1.02 Notwithstanding anything to the contrary, in the event,that inclement weather causes an
unsafe playing condition on any of the soccer fields at the Licensed Premises, the City will consult with
the Licensee concerning the safety of such play and, if deemed necessary by the City in its sole and
absolute discretion,,the City may cancel or delay Event play on any one or all of the soccer fields on the
Licensed Premises.
1.03 The Event shall be open and free,to spectators of the general public.
1.04 This Agreement does not constitute a sale, lease, assignment or disposal of'the Park in
any means whatsoever but i,s, merely tended to grant the Licensee the right to use the Licensed
Premises in accordance with the terms stated herein.
Term and Termination
2.01 The term of this Agreement shall be for seven (7) days, commencing on Tuesday,
February 18, 2014 and ending on Sunday, February 23, 201.4 ("Term"), unless terminated earlier
pursuant to the terms of thi's Agreement.
2.02 In the event that Licensee fails to comply with any of the terms and conditions of this
Agreement, City shall have the right, without notice,to declare the Agreement immediately terminated. In
the event of such, termination, all rights and privileges of the Licensee shall cease and terminate, and
Licensee shall immediately vacate the Licensed Premises. All funds owed to the City shall be due and
payable by Licensee no later than the tenth(I Offi)calendar day after the date of termination.
30
Permitted Uses
3.01 Set-,u,p and Prevaration for -the Event. From February 18, 2014 through February 210,
2014, the Licensee shall be permitted to use the Licensed Premises to set-tip and prepare for the Event,
which may include, but not be limited to,the placement of signs and banners; erection of tents for Event
officials, volunteers, and refreshments; and other activities, that will benefit the conduct of the Event.
Any and all activities,and uses hereunder are subject to approval by the Director of the City's Parks and
Community Services Department or that person's designee("Director").
3.02 Event. The Licensee shall have full use of the Licensed Premises from February 21,
2014 through February 23, 2014 to conduct the Event.
31.013 Parking. The Licensee shall have use of all parking spaces available at the Licensed
Premises, which include the West Parking Lot, East Parking Lot, and the TCC Parking Lot detailed on
Exhibit B. to provide for Licensee,, Licensee's Event personnel, and patron parking for the Event. All
such parking shall be non-exclusive, open to the general public, and on a first come, first served basis.
The City does not guarantee parking for the Event.
License Agreement with Elite Clubs National 1_e ague,Inc. 2 of 14
4.
-mesponsi bbl ities of the Parties
4.01. it ut
Y's D
a. City staff will:
1. Prepare the Licensed Premise's for Event play by mowing and lining
the soccer fields, placing player benches on each soccer field's sidelines,
securing and installing the nets for the soccer goals, and assisting with trash
collection.
of
11. Provide City staff during staff s established work hours to assist in
planning, set-tip,and operation oft e Event.
iii. Provide an appropriate number of portable restroorn units, which shall
not exceed 27 individual units and 2 trailer units, and the cleaning of such units
during the term of the Agreement.
Iv. Provide no more than two (2) Fort Worth police officers and two (2)
field monitors to monitor and manage crowd control issues during each day of
the Event.
V. Provide contract security personnel to monitor the parking lots during
the Event. The specific number of contract security personnel shall be
determined by the Director in his sole discretion.
vi. Provide no more than four(4) golf carts to the Licensee for use during
the Event. Licensee shall only permit authorized personnel of the Licensee or
its subcontractors to operate the golf carts and all operators, shall have a valid
driver's license and be of 21 years of age or older.
vii* Provide for the removal of litter and other trash associated with the
1 1 1
Event.
viii. Manage all traffic entering the Licensed Premises during the Event.
ix. Ensure that an adequate number of trained, courteous security
personnel are present to monitor and manage crowd-control 'issues, during each
day of the Event and continuing through one-half our past the end of each day
of the Event.
X. Provide and pay for any utility connections or usage of the Licensee
associated with this.Agree ment.
0
X1. Provide one (1) potable water source for the duration of the soccer
event along the south complex fence line between soccer field 5 and soccer
field 6.
License Agreement with Elite Clubs National League,Inc. 3 of 14
4.02 Licensee's Duties.
a. Licensee's staff and its subcontractors,shall, at its sole cost and expense:
Comply with and cause the Licensed Premises to comply with: (1) all
valid federal, state, local and other governmental laws, ordinances, rules, orders
and regulations generally' affecting the Licensed Premises, including all rules,
regulations, and requirements of the City of Fort Worth and its Police, Fire,
Code Compliance and Parks, and Community Services, Departments,, (11) any
and all requirements specifically made by the City Fire Marshal in connection
with this Agreement, or a part thereof or the use thereof, and (iii) all rules,
orders, and regulations, of the National Board of Underwriters or other body
exercising similar functions in connection with the prevention of fire or the
correction of hazardous conditions that apply to the Licensed Premises,. If
applicable, Licensee shall comply with the requirements of all policies of
insurance which, at any time,1 may be in force with respect to the Licensed
Premises (other than any policies obtained by City and not approved in writing
by Licensee)and,to the extent that Licensee has written notice thereof,with the
provisions, of any contracts, agreements, and restrictions affecting the Licensed
Premises or a part thereof or the ownership,occupancy, or use thereof that exist
as of the date this Agreement is executed.
00
11.1 Provide for the delivery, set-up, and removal of all signs and banners,
tents, tables, chairs, and the like with the times, for set-up and removal being
approved in advance,by the Director.
iii. Ensure that no Licensee-associated vehicles (including, but not limited
to, vehicles being used by vendors, sponsors, subcontractors, crewmembers, or
patrons) drive or park off designated roadways and on to turf areas unless
expressly approved in advance by the Director.
IV. Supply and distribute either chipped wood or sand to minimize muddy
ground or standing, water conditions W' and around the r,estroom areas, break
tents., pedestrian traffic areas, and elsewhere as required i Licensee will pay for
or reimburse the City for any material or supplies used in conjunction with the
Event.,
V. Provide for the removal of all structures, including, but not limited to,
tents, of any kin i
d placed on the Licensed Premises by the Licensee n
connection with the Event prior to the expiration of this Agreement.
54,
Consi"deration
5.01 In consideration for Licensee's right to use the Licensed Premises for the purposes
stated herein, the Licensee agrees, to pay City a, one-time field rental fee of El-ght Thousand Dollars
and,No Cents ($18,000-00) ("License Fee"), which shall be paid in two installments: (1) Four Thousand
Dollars and No Cents ($4,000.001) on or before t hursday, February 20, 2014 and (2), Four Thousand
Dollars and no Cents ($4,0001.00) on or before Tuesday February 25, 2014. This payment shall be made
by check or credit card, with checks being,made payable to the"City of Fort Worth."
License Agreement with Elite Clubs National League,Inc. 4 of 14
6.
Acceptance and Protection of Licensed Premises
6.01 Licensee covenants and agrees that it shall take the Licensed Premises as it finds them
and that it will leave the Licensed Premises in as good or better condition than that which exists prior to
Licensees use of the Licensed Premises. Licensee further covenants and agrees that it will not do or
permit to be done any injury or damage to any of said Licensed Premises or suffer any waste to the
Licensed Premises; but in the event any damage is done, Licensee hereby covenants, and agrees to
reimburse City therefore promptly. Licensee shall keep and maintain the Licensed Premises in a good,
clean, I
and sanitary condition at all times. Licensee shall, be responsible for all damages caused by
Licensee 3 its agents, servants, employees, contractors, subcontractors,, licensees,, or invitees- Licensee
agrees to fully repair or otherwise cure all such damages at Licensees sole cost and expense. The City
shall determine whether any damage has been done, the amount of the damage, and the reasonable costs
of repairing the damage. Any damage for which Licensee is responsible hereunder shall be repaired or
replaced by the Licensee within thirty (30) days of receipt,of written notification from the City; all such
repairs or replacements must be made to the reasonable satisfaction of the City.
70
Advertising
7.01 No banners, advertisements, or signs may be hung from trees, fences, or buildings or be
displayed on the Licensed Premises without the express permission of the Director. In addition,
Licensee covenants and agrees that no decorative or other material shall be nailed, tacked,screwed,
or otherwise physically attached to any part of the City's property without the consent of the
Director. Location and content of such advertisements and announcements are subject to the approval
of the Director.
8.
Copyright Compliance
8.011 Licensee agrees to assume full responsibility for complying with the Federal Copyright
Law of'1978',(17 U.S.C., 101, et seq.) and any Regulations issued hereunder including,but not limited to,
the assumption of any and all responsibilities for paying royalties which are due for the use of
ght owner, or representative I
3 fxh to the copyright copyrigh work s in ted wors n Licensee s perormances or exhibitions
or said copyright owner. City expressly assumes no obligations, implied or otherwise,, regarding
payment or collection of any such fees or financial obligations. City specifically does not authorize,,
it, or condone the performance, reproduction, or other use of copyrighted materials by Licensee or
its agents or licensees without the appropriate licenses or permission being secured by Licensee in
advance. 'it is further agreed that LICENSEE SHALL DEFEND, INDEMNIFY AND HOLD CITY
HARMLESS FOR ANY CLA134S ARISING FROM NONPAYMENT TO LICENSING
AGENCIES, INCLUDING, BUT NOT' LIMITED TO, ASCAP, BMI, AND, SESAC OR
DAMAGES ARISING OUT OF LICENSEE'S INFRINGEMENT OR VIOLATION OF THE
9 to
COPYRIGHT LAW AND/OR REGULATIONS. City expressly assumes no ol I bilgation to review or
obtain appropriate licensing, and all such licensing shall be the exclusive obligation of the Licensee.
Licensee understands that they are responsible for securing any and all licenses by artists/performers
giving, permission for the recordings. Licensee is responsible for both reporting and payment of any
music or other licensing fees that may be required by law.
License Agreement with Elite Clubs National League,Inc. 51 of 14
8.02 Licensee understands and agrees that without the proper license obtained by Licensee,
there is a,risk of an injunction or money damages arising from a copyright lawsuit brought by ASCAPI
BMI, SESAC or any other licensing agency or copyright holder.
9.
Liability and Indemnification
9.01 City and Licensee mutually covenant and agree that City shall not liabile or responsible
for any property placed on said Licensed Premises.
9.02 LICENSEE, SHALL AND DOES AGREE TO RELEASE, INDEMNIFY,
PROTECT, DEFEND: AND HOLD HARMLESS CITY AND CITY9S EMPLOYEES,
REPRESENTATIVES., OFFICERS, AGENTS, AND, SERVANTS (COL LECTIVELY,
"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 USE OR OCCUPANCY OF
THE LICENSED, PREMISES BY LICENSEE, ITS EMPLOYEES, PATRONS, AGENTS,
INVITEE, LICENSEES, VOLUNTEERS9 SUBCONTRACTORS, AND ANY PARTY USING
THE LICENSED PREMISES OR (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 LICENSEE OR ANY
INVITEE, LICENSEE, EMPLOYEE, DIRECTOR, OFFICER, SERVANT, VOLUNTEER, OR
CONTRACTOR OF LICENSEE, OR ONE LICENSEE CONTROLS OR EXERCISES
CONTROL OVER OR (3) BY ANY BREACH, VIOLATION OR NONPERFORMANCE OF
ANY COVENANT OF LICENSEE UNDER TIIIS LICENSE (COLLECTIVELY,
11LIABILITIES11)19 EVEN IEF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUATABLE
TO ANY ACT,OMISSION,NE GLIGENCE,GROSS NEGLIGENCE,BREACH OF CONTRACT,
INTENTIONAL CONDUCTS VIOLATION OF STATUTE OR COMMON LAW, BREACH OF
WARRANTY, PRODUCT DEFECT, STRICT PRODUCT LIABILITY, OR ANY OTHER ACT,
OMISSION, OR CONDITION WHATSOEVER OF 'THE JANI)EMNITEES OR THEIR
PROPERTY.
10,
Insurance
10.01 Licensee covenant's and agrees to obtain and keep in force and to ensure its contractors,
as applicable, keep in force during the term of this Agreement one or more policies of insurance as
follows..
'go,
a. Commercl'al General Liabill
1,000,000 each occurrence
$2,000,000 aggregate
b. Automobile Lia
$1,,000,000 each accident on a combined single limit
or
License Agreement with Elite Clubs National League,Inc. 6 of 14
$25000 Property Damage
$500)000 Bodily Injury per person per occurrence
A commercial, business policy all provide coverage on "Any Auto," defined
as autos owned, hired and non-owned, when said vehicle is used M' the course
of the Event licensed herein.
C. Liguor Liabi its(required only if any alcoholic beverage is vended)
$1,000,000 each occurrence
d. General Liability for Fireworks Displa (required of pyrotechnics/fireworks
contractor)
$1,000,000.00 each occurrence
10.02 Terms and Conditions I*cable to All Insurance
a. Certificates of insurance evidencing all required insurance shall be delivered to
the City at least two weeks prior to the first Event of each four day period.
b. Applicable policies shall be endorsed to name the City and the Licensee as
Additional Insureds thereon", as its interests may appear. The term City shall
I I
include its employees, officers, officials, agents, and volunteers, as respects the
contracted services.
C. Applicable policies shall be endorsed to name the City an Additional Insured
thereon, as its 'interests may appear. The term City shall 'include its employees,
officers,officials, agents,and volunteers as respects the contracted services.
d. Certificate(s) of insurance shall document that insurance coverage specified in
this Agreement are provided tinder applicable policies documented thereon.
e. Any failure on the part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirements.
A minimum of thirty (3 1), days notice of cancellation or material change in
coverage effecting the required lines and limits of 'insurance shall be provided to
the City. A ten (1 0) days' notice shall be acceptable in the event of non-payment
of premium. Notice shall 1 be sent to the Risk Management Division,, t 00
Throckmorton Street, Fort Worth,Texas 76102 with a copy,to Director,Parks and
Community Services,,4200 South Freeway, Suite 2200,Fort Worth,Texas 76115-
1499.
9. Insurers for all policies must be authorized to do business in the State of Texas
and have a minimum rating of A: V111 in the current A.M. Best Key Rating Guide
or have reasonably equivalent financial strength and solvency to the satisfaction of
the City's Risk Managernent Division.
h. Deductible limits, or self "insured retentions, affecting insurance required herein
shall be acceptable, to the City in its sole discretion; and m lieti of traditional
$ I alternative maintained through insurance pools or
insurance,, any ive coverage ma risk.
License Agreement with Elite Clubs National League,hie. 7 off"14
retention groups must also be approved. Dedicated financial resources or letters of
credit may also be acceptable to the City.
Applicable policies shall each be endorsed with a waiver of subrogation in favor
of the City.
1"he City shall be entitled,, on its re 'ues,t and without incurring expense, to
review the Licensee's insurance policies including endorsements-there-to and, at
the City's discretion, the Licensee may be required to provide proof of
insurance premium payments.
k. The Commercial General Liability insurance policy shall have no exclusions by
endorsements that have effect on the lines and limits of insurance required in this
Agreement, unless the City approves such exclusions.
Notices
11.O I All notices required or permitted under this Agreement may be given to a party
personally or by mail, addressed to such party at the address stated below or to such other address as one
party may from time to time notify the other in writing. Any notice so given shall be deemed to have
been received when deposited in the United States,mail so addressed with po�s,tage prepaid.
CITY 4-. ELITE CLUM NATIONAL LEAGUE
Parks and Community Services Depailment Elite Clubs National League, Inc,(ECNL)
Attn: Director Attn: Commissioner
4200 South Freeway, Suite 2200 4202 Park Place Ct Suite E,
Fort Worth, TX 76115-1499 Glen Allen,, VA 23060
With a c
City Attorney's Office
Att'n-. City Attorney
1000 Throckmorton
Fort Worth, Texas 76 102
Or to such other address as said parties may hereafter deli gnate by notice in writing addressed and
m fled or delivered to the other party hereto.
mailed
Compliance with Law and Policies
12.01 Licensee covenants and agrees that it shall not engage in any unlawful use of the
Licensed Premises. Licensee further agrees that it shall not permit its officers, agents, servants,
employees, contractors, subcontractors, patrons, licensees or invitees to engage in any unlawful use of
the Licensed Premises and Licensee shall immediately remove from the Licensed Premises any person
engaging in such unlawful activities,. Unlawful use of the Licensed Premises by Licensee itself shall
constitute an immediate breach of this Agreement.
License Agreement with Elite Clubs National League,Inc. 8 of 14
12.02 Licensee shall comply with all PACSD regulations, policies, and specific requirements
for the Event and shall coordinate with City staff with regard to arrangements for site use. Licensee
covenants, and agrees that during the ten'n of this lease that if the City calls to the attention of Licensee,
any such violation on the part of Licensee or any person employed by or admitted to said Licensed
Premises by said Licensee, then Licensee shall immediately desist from and correct such violation or
vacate the Licensed Premises.
1340
Right of Entry
13.01 At all times during the term of this Agreement, City shall have the right, through its
agents and representatives, to enter into and upon the Licensed Premises during reasonable! business
hours for the purpose of examining and inspecting the same for the purpose of determining whether
Licensee shall have complied with all of its obligations hereunder in respect to the use of the Licensed
Premises.
13.02 During any inspection, City may perform any obligations that City is authorized or
required to perfori-n under the terms of this Agreement or pursuant to its governmental duties under
federal state or local laws, rules,or regulations,.,
1410
Independent Contractor
14.01 Licensee shall operate hereunder as an independent contractor as to all rights and
privileges herein contained and nothing herein shall be construed as creating a partnership or joint
enterprise between Licensee and City.
15.
Charitable Immunity
15.01 Licensee agrees that if it is a charitable organization, corporation, entity or individual
enterprise having, claiming or entitled to any immunity, exemption (statutory or otherwise) or limitation
from and against liability for damage 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 right to assert or plead defensively any such immunity or
limitation of liability as against City.
16.
Non-Discrilimiination
1 6.01 1 Licensee agrees that during use of the Licensed Premises, Licensee will not subject
anyone to discrimination in any way because of"-the person s race, color or national origin, age, handicap
or sexual orientation. No one can be excluded from the Event or denied the benefits of the Event
because of race,color or national origm, age, handicap or sexual orientation.
170
Governling Law,:Venue
1 7.0 1 This Agreement shall be governed by and construed in accordance with the laws oft e
License Agreement with Elite Clubs National League,Inc. 9 of 14
State of Texas.,
17.02 Venue shall be in the state courts located in Tarrant County, Texas or the United States
District Court for the Northern District of"texas,1 Fort Worth Division
18.
No Waiver
18.101 The failure to insist upon a strict performance of any of the covenants or agreements
herein set forth or to declare a forfeiture for any violation thereof shall not be considered or taken as a
waiver or relinquishment for the future of City's rights to insist upon a strict compliance by Licensee
with all the covenants and conditions.
190
Governmental Powers
19-01 It is understood that by execution of this Agreement, the City does not waive or
surrender any of Its governmental powers.
20.
Force Majeure
20.01 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 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 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. lfa 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 safety and operate the as the City sees fit. Licensee hereby waives any claims it
may have against the City for damages resulting from any such Force Majeure Event.,
21.
Headings
21.01 The headings in this Agreement are inserted for reference only, and shall not defi-ne or
limit the provisions,hereof,
22.
Severability
22,01 In the event that any clause or provision of this Agreement shall be held to be invalid by
any court of completentiurisdiction, the invalidity of such clause or provision shall not affect any of the
remaining provisions hereof
23.
Review of Counsel
License Agreement with Elite Clubs National League,1nc. 10 of 14
23.01 Each party, and if it so chooses, its attorney has had the opportunity to review and
comment on this document, therefore any rule of contract construction or interpretation that would
normally call for the document to be interpreted as against the draffing party shall not apply in
interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be
construed solely on the basis of the language contained therein,, regardless of who authored such
language.,
24.
No Amendment
24.01 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.
25.
Multi'ple Counterparts
25.01 This .A., reement may be executed in multiple counterparts, each of which will be
deemed an original, but which together will constitute one instrument.
26,
Contracting Authority
26.01 By executing this Agreernent, Licensee's agent affin-ris that he or she is authorized by
Licensee to execute this Agreement and that all representations made herein with regard to, Liciensee's,
identity, address, and legal status(corporation, partnership, individual, etc.)are true and correct,
27.
Fiscal Funding Out
27.01 If, f6r any reason, at any time during any to of this Agreement, the Fort Worth City.
Council fails,to appropriate funds sufficient for the City to ftilfill its obligations,under this Agreement,the
City may terminate this Agreement pursuant to this section following (1) delivery by the City of written
notice of the City's 'intention to terminate or(I"D the last date for which funding has been appropriated by
the Fort Worth City Council for the purposes set forth in this Agreement.
28.
Entire Agreement
28.01 This Agreement (including all, attachments, schedules, and exhibits attached hereto)
constitutes, the entire understanding and agreement of the City and Licensee as to use of the Licensed
Premises and the Park. Any prior or contemporaneous oral or written agreement is hereby declared null
and void to the extent in conflict with the terms and conditions oft is Agreement.
IN WITNESS WHERJEOF,, the parties have executed this Agreement in multiples, this .... day, of
) 2014.
License Agreement with Elite Clubs National League,Inc. 11,of 14
CITY OF FORT WORTH ELITE CLUBS NATIONAL LEAGUE,INC.
By-
By:
Suss r,I Alani , Sarah Kate Noftsinger
�Rt2l -
st y
Assisit Manager ECNL Commissioner
'00
ST:
%0
0
QI
)Ery J. Kayser
ty Secretary
% 0
APPROVED AS TO FORM As
A"LEGALITY.
lei
.I.......I
By#-;
Tyler''F. WallacVp"'
Assistant City Attorney
No M&C Required
OFFICIAL RECORD,
License Agreement with Elite Clubs National League,,Inc. CITY'SECRETAR ,I of 14
FT WORT
CITY OF T WORTH ELITE CLUBS NAL LEAGUE, INC.,
v w
u
"' y
Sus Al 11s Sarah Kate Noftsinger
Ass sta City Manager ECNL Commissioner
ATTEST:
Mary J. Kayser
Cy Secretary
APPROVED AS TO FORM
AND, LEGALITY.:
By
Tyler F. Wallach
Assistant City Attorney.
No M&C Required
License,agreement with Elite("'Iubs National League,Inc. 12 of I
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License Agreement with Elite Clubs National League,Inc, 13 of 14
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