HomeMy WebLinkAbout065875 - Construction-Related - Contract - North Texas FWC Organizing CommitteeCSC No. 65875
LICENSE AGREEMENT
FOR THE
IMPROVEMENTS ON SYLVANIA PARK
BY AND BETWEEN
THE CITY OF FORT WORTH,
NORTH TEXAS FWC ORGANIZING COMMITTEE
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
LICENSE AGREEMENT FOR THE
IMPROVEMENTS ON SYLVANIA PARK
This License Agreement (this "Agreement") for the design and construction of new
improvements located at Sylvania Park is entered into by and between the CITY OF FORT
WORTH, a Texas municipal corporation (the "City"), acting by and through its "), acting by and
through its duly authorized Assistant City Manager and NORTH TEXAS FWC ORGANIZING
COMMITTEE, a Texas nonprofit corporation ("NTFWCOC"). City and NTFWCOC are each
individually referred to herein as a "party" and collectively referred to as the "parties."
RF.CITAI,C,
WHEREAS, the City is owner of Sylvania Park (hereinafter referred to as "Premises")
more particularly described in Exhibit A, attached hereto and made a part of this Agreement,
located within the city limits of the City; and
WHEREAS, the NTFWCOC is a Texas nonprofit corporation exempt from federal income
taxation as an organization described in section 501(c)(6) of the Internal Revenue Code of 1986,
as amended, formed for purposes including to assist with the organization, administration,
management, promotion, and operation of hosting the FIFA World Cup in the year 2026, and other
related events, competitions, and activities to be held in North Texas, and to promote the public
interest of the City; and
WHEREAS, the Premises were chosen as the recipient of a NTFWCOC 2026 FIFA World
Cup Legacy Project; and
WHEREAS, to implement such project, the parties desire NTFWCOC to make certain
soccer mini -pitch and other landscaping improvements to the Premises, as further described in
Exhibit B, attached hereto and made a part of this Agreement (hereinafter referred to as
"Improvements"); and
WHEREAS, the parties desire the Improvements to improve the Premises for the benefit
and enjoyment of the residents of the City.
NOW, THEREFORE, City and NTFWCOC, in consideration of the mutual covenants,
terms and conditions contained in this Agreement, and for other good and valuable consideration,
do hereby agree as follows:
ARTICLE I
SUBJECT OF AGREEMENT
Section 1.1. Purpose.
NTFWCOC
Page 1 of 14
The purpose of this Agreement is to set forth the terms and conditions upon which to
construct and make improvements at the Premises as contemplated in the Recitals above to include
the following: mini -pitch and landscaping improvements, hereinafter referred to as the
Improvements, as further described in Exhibit B, attached hereto and made a part of this
Agreement. The parties agree that in accordance with the terms and conditions of this Agreement:
(a) NTFWCOC will fund and contract with third parties for the design, construction and
installation of the Improvements; and (b) the City will allow, and hereby grants a license to,
NTFWCOC and its third party contractor(s) and design professional(s) to use the Premises during
the Term (as defined below) to design, construct and install the Improvements. The City shall not
be responsible for any of the costs to design, construct or install the Improvements and it is
understood that any additional expenses that are incurred for the design, construction or
installation of the Improvements will be the sole responsibility of NTFWCOC.
Section 1.2. Commencement and Term.
The "Term" of this Agreement shall commence on execution and shall terminate upon
construction completion of the Improvements.
Section 1.3. Prohibited Uses.
NTFWCOC shall not permit the Premises to be used in any manner that would render the
insurance thereon void or the insurance risk more hazardous. NTFWCOC shall not use or occupy
the Premises, or permit the Premises to be used or occupied, (a) contrary to any statute, rule, order,
ordinance, requirement, or regulation applicable thereto or (b) in any manner which would (i)
violate any certificates of occupancy or permit affecting same, (ii) cause the usefulness of the
Premises to diminish, (iii) cause structural injury to then existing improvements (iv)
constitutes a public or private nuisance or waste, or (v) be immoral or obscene or a threat to the
welfare of the general public. City agrees to raise to the NTFWCOC's attention and awareness
any applicable or relevant issues that would render the NTFWCOC non -compliant or unable to
meet the requirements under this section.
Section 1.4. Administration.
The Director of the Park and Recreation Department or the director's designee ("Director")
shall administer this Agreement.
Section 1.5. Joint Cooperation Access for Planning and Development.
The parties agree to cooperate and coordinate with each other, and to assign appropriate,
qualified personnel for the Improvements to the Premises.
Section 1.6. Operation and Maintenance of the Improvements.
NTFWCOC
Page 2 of 14
Following construction completion of the Improvements, the City shall, in good faith and
consistent with its public -purpose responsibilities, operate and maintain the Improvements in good
repair and safe operating condition. The City shall perform such maintenance with the level of
care customarily applied to similar recreational facilities within its parks system. NTFWCOC
shall not be responsible for any of the costs to operate or maintain the Improvements from and
after completion thereof and the City shall be solely responsible for the costs to operate and
maintain the Improvements from and after completion thereof. This section shall survive any
termination of this Agreement.
ARTICLE II
FUNDING OF THE IMPROVEMENTS
Section 2.1. Accounts.
NTFWCOC agrees to fund and contract with third parties for the design, construction and
installation of the Improvements.
ARTICLE III
CONDITION OF THE PREMISES
NTFWCOC has previously inspected the Premises, has been given access to the Premises, and
accepts the Premises for NTFWCOC's use hereunder on an "AS IS, WHERE IS, WITH ALL
FAULTS" condition and basis, and subject to matters of record and zoning. NTFWCOC
acknowledges and agrees that City has not made, does not make, and specifically negates and
disclaims any representations, promises, covenants, agreements, guaranties or warranties of any
kind or character whatsoever, whether express or implied, oral or written, past, present or future,
as to, concerning, or with respect to (a) the value, nature, quality or condition of the Premises,
including without limitation, the title, soil, and utilities, (b) the income to be derived from the
Premises, (c) the suitability of the Premises for any and all activities and uses which NTFWCOC
may construct thereon, (d) the compliance of any improvement(s) located at the Premises or their
operation with any laws, rules, ordinances or regulations of any applicable governmental authority
or body, (e) the habitability, merchantability, marketability, profitability or fitness for a particular
purpose of the Premises, (f) the manner or quality of the construction or materials, if any,
incorporated into the Premises, (g) the manner, quality, state of repair or lack of repair of the
Premises, and (h) any other matter with respect to the Premises, and specifically, that City has not
made, does not make and specifically disclaims any representations regarding compliance with
any environmental protection, pollution or land use laws, rules, regulations, orders or
requirements, including the existence in or on the Premises of hazardous materials. NTFWCOC
further acknowledges and agrees that, having been given the opportunity to inspect the Premises,
NTFWCOC is relying solely on its own investigation of the Premises and not on any information
provided or to be provided by City and agrees to accept the Premises for use and waives all
objections or claims against City arising from or related to the Premises or for any hazardous
NTFWCOC
Page 3 of 14
materials on it. NTFWCOC further acknowledges and agrees that any information provided or to
be provided with respect to the Premises was obtained from a variety of sources and that City has
not made any independent investigation or verification of such information and makes no
representations as to the accuracy or completeness of such information. City is not liable for or
bound in any manner by any verbal or written statements, representations or information pertaining
to the Premises, or the operation thereof, furnished by any real estate broker, agent, employee,
servant or other person. The term "hazardous materials" as used in this section shall mean any
hazardous materials or hazardous substances as defined in the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended, the Texas Hazardous Substances
Spill Prevention and Control Act, as amended, the Resource Conservation and Recovery Act of
1976, as amended, and regulations promulgated thereunder.
ARTICLE IV
DESIGN AND CONSTRUCTION OF THE IMPROVEMENTS
Section 4.1. Design and Construction of the Improvement.
A. All plans and specifications for the Improvements, including the installation of the
Improvement, shall be reviewed and approved by the Director, prior to commencement of any
work. Written notice to proceed from the Director is required prior to installation of the
Improvement. The Parties agree that all approvals and notices for the Improvements as needed
have been approved in advance prior to commencement of construction for the Improvements.
B. The Director shall have the right (but not the obligation) to, at the City's cost,
observe and inspect the work performed by any contractor(s). The inspection by the Director shall
be coordinated with NTFWCOC. The Director shall perform such inspection in an expeditious
manner calculated to minimize inconvenience and delay.
C. NTFWCOC agrees to require all of its contractors and subcontractors performing
construction on the Premises to provide a certificate of insurance evidencing proof of general
liability, automobile, and workers compensation/employer's liability insurance coverages as
described in Exhibit C, attached hereto and made a part of this Agreement. NTFWCOC and the
City shall be named as additional insured parties on the insurance policies satisfying this provision.
D. NTFWCOC shall require the contractors installing the Improvement to name the
City and NTFWCOC, their officers, agents and employees, and such other parties as City or
NTFWCOC designate as indemnitees under the indemnification, defense and hold harmless
provisions of any construction contracts involving the Premises. NTFWCOC agrees to require its
contractor or contractors to obtain, the performance (if applicable) and payment bonds (in the
amount of any construction undertaken) in accordance with Chapter 2253 of the Texas
Government Code, as amended, and shall name City and NTFWCOC as joint obligees on the
bonds. The bonds shall be maintained during the full term of this Agreement and shall be issued
by a corporate surety or sureties licensed to issue surety bonds in Texas, authorized to do insurance
business in Texas, listed on the United States Treasury List of Sureties Authorized to Issue Bonds
NTFWCOC
Page 4 of 14
for Federal Jobs, and otherwise acceptable to City. Furthermore, NTFWCOC, not the City, will
be responsible for payment of all project costs, including valid claims. If NTFWCOC procures
construction of the Project in packages, and an individual construction package has total
expenditure of $50,000 or less, no bonds will be required. NTFWCOC agrees, however, that prior
to final completion of work included in the construction documents, it will not pay a construction
contractor for work on an un-bonded construction package for which $50,000 or less is to be spent
until final completion of such construction package and receipt of releases or waivers of liens for
the un-bonded construction from the construction contractor and any subcontractors used on such
construction package. In addition, the form of the bonds shall be issues on forms as approved by
the City.
E. During installation of the Improvements and the Term of this Agreement,
NTFWCOC agrees to be responsible for obtaining timely repair, replacement or correction of all
damage to the Improvement on the Premises or any other entity caused by the negligent acts or
omissions or misconduct of NTFWCOC, and its representatives, to the Director's reasonable
satisfaction, which reasonable satisfaction will not be withheld.
F. NTFWCOC, not the City, shall be solely responsible for site security, and securing
construction tools, equipment, supplies and materials related to the project when left on City
property.
G. NTFWCOC shall acquire, as required by applicable laws, ordinances, or
regulations and at its sole cost and expense, all building permits (if applicable), certificates of
occupancy (if applicable), sign permits (if applicable) and other permits, including, if applicable,
notice of intent, under storm water regulations promulgated pursuant to the Federal Clean Water
Act, licenses, permissions, consents, and approvals required to be obtained from government
agencies or third parties in connection with the installation of the Improvements.
H. The parties understand that the design and installation of the Improvement is for a
public purpose and is being installed on the Premises for the benefit of the residents of the City.
I. The Improvement installed in the Premises shall become the property of the City
upon completion, free and clear of all liens and other encumbrances, with the approval and
acceptance thereof by the Director. The Parties agree that the NTFWCOC may, from time to time,
need access to the Premises to engage in promotional, demonstrative, or social activities.
J. NTFWCOC shall endeavor to cause its contractor to comply with all applicable
City ordinances.
Section 4.2. Design and Construction of City Work Undertaken by City.
This section is intentionally deleted.
Section 4.3. Ownership of the Improvements.
NTFWCOC
Page 5 of 14
NTFWCOC agrees to take no action that would prejudice City's clear ownership of the
Improvements.
Section 4.4. License.
It is understood among the parties that the City is only granting a license to NTFWCOC
with regard to this Agreement.
Section 4.5 Public Purpose.
The parties understand that the Project is for a public purpose and is being built upon public
property for the benefit of the residents of the City.
ARTICLE V
INSURANCE AND INDEMNITY
Section 5.1. Insurance and Indemnification.
A. NTFWCOC must provide a certificate of insurance evidencing proof of general
liability, automobile, and workers compensation/employer's liability insurance coverages as
described in Exhibit C, attached hereto and made a part of this Agreement. The City will be
provided a waiver of subrogation waiving rights of recovery against City on the workers
compensation/employer's liability policy. The City will be shown as the certificate holder. This
insurance must stay in force for the duration of the Agreement.
B. NTFWCOC AGREES TO DEFEND, INDEMNIFY AND HOLD CITY, ITS
OFFICERS, AGENTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL
CLAIMS, LAWSUITS, JUDGMENTS, COSTS AND EXPENSES FOR PERSONAL
INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM FOR
WHICH RECOVERY OF DAMAGES IS SOUGHT, SUFFERED BY ANY PERSON OR
PERSONS, THAT MAY ARISE OUT OF OR BE OCCASIONED BY THIS
AGREEMENT, OR TO THE EXTENT OF THE NEGLIGENT OR INTENTIONAL
MISCONDUCT OF NTFWCOC, ITS OFFICERS, AGENTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS, IN THE PERFORMANCE OF THIS
AGREEMENT, AND HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY
FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, INCLUDING, BUT NOT
LIMITED TO, PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
OCCUPANCY AND USE OF THE PREMISES AND ANY AND ALL ACTIVITIES
CONDUCTED THEREON SUSTAINED BY REASONS OF THE OCCUPANCY OF SAID
PREMISES UNDER THIS AGREEMENT; THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH SHALL NOT APPLY TO THE EXTENT OF ANY LIABILITY
RESULTING FROM THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE
NTFWCOC
Page 6 of 14
CITY, ITS OFFICERS, AGENTS, EMPLOYEES OR CITY'S SEPARATE
CONTRACTORS OR SUBCONTRACTORS, AND IN THE EVENT OF JOINT AND
CONCURRING NEGLIGENCE OR FAULT OF NTFWCOC AND CITY,
RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED IN
ACCORDANCE WITH THE LAW OF THE STATE OF TEXAS, WITHOUT WAIVING
ANY GOVERNMENTAL IMMUNITY AVAILABLE TO CITY UNDER TEXAS LAW
AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW.
THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE
PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS,
CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY.
C. If any action or proceeding shall be brought by or against the City in connection
with any such liability or claim, NTFWCOC, on notice from City, shall defend such action or
proceeding at NTFWCOC's expense, by or through attorneys reasonably satisfactory to City.
D. 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 shall 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 shall
continue in full force and effect.
E. NTFWCOC agrees to notify City promptly upon the receipt of any claim or lawsuit
brought in connection with any injury, death, or damages on the Premises. NTFWCOC 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. NTFWCOC shall place language in its contracts with
contractors and subcontractors that contractors shall notify City as required by Licensee in this
subsection.
F. NTFWCOC shall require all of its subcontractors to include in their subcontracts
liability and indemnification language in favor of the City in substantially the same form as above.
Section 5.2. Liens.
NTFWCOC acknowledges that it has no authority to engage in any act or to make any
contract that may create or be the foundation for any lien upon the property or interest in the
property of City. If any such purported lien is created or filed, NTFWCOC will not permit it to
remain, and will, at its cost and expense, promptly discharge, all liens, encumbrances, and charges
upon the Premises or a part thereof, arising out of the use or occupancy of the Premises or a part
thereof by NTFWCOC, by reason of any labor or materials furnished or claimed to have been
furnished, by, through, or under NTFWCOC, by reason of any construction, improvement,
alteration, addition, repair, or demolition of any part of the Premises. NTFWCOC's financial
NTFWCOC
Page 7 of 14
obligation to City to liquidate and discharge such lien shall survive following termination of this
Agreement and until such a time as the lien is discharged.
ARTICLE VI
TERMINATION
Section 6.1. Termination.
A. In the event that NTFWCOC shall breach (whether by failure to perform, keep or
observe) any of the terms, covenants and conditions of the Agreement, that shall constitute a
default and the Director may terminate the Agreement for cause by giving NTFWCOC thirty days
written notice of such default, during which time NTFWCOC may attempt to cure such breach.
Notwithstanding the foregoing, Director may terminate this Agreement with thirty days written
notice and reasonable opportunity to cure if City finds that the public interest, safety, health, or
welfare requires it.
ARTICLE VII
GENERAL PROVISIONS
Section 7.1. Compliance with Laws and Regulations.
This Agreement is entered into subject to and controlled by the Charter and ordinances of
the City and all applicable laws, rules, and regulations of the State of Texas and the Government
of the United States of America. NTFWCOC shall, during the course of performance of this
Agreement and surrender of the Premises, comply with all applicable City codes and ordinances,
as amended, and all applicable State and Federal laws, rules and regulations, as amended In
addition, NTFWCOC shall also comply with Premises and Recreation Board policies or directives.
The Parties acknowledge that the NTFWCOC is in compliance with this section for purposes of
this Agreement.
Section 7.2. Assignment.
NTFWCOC shall not sell, assign, transfer or convey this Agreement, in whole or in part,
without the prior written consent of the Director, which consent shall not be unreasonably withheld
or delayed. As an express condition of consent to any assignment, NTFWCOC shall remain liable
for completion of the Agreement work in the event of default by the successor contractor or
assignee.
Section 7.3. Nondiscrimination.
The Parties will not engage in any unlawful discrimination based on race, creed,
color, national origin, sex, age, religion, disability, marital status or any other prohibited
criteria in any decisions relating to this Agreement, and the Parties represent and warrant
NTFWCOC
Page 8 of 14
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 7.4. Notices.
All notices, communications, and reports required or permitted under this Agreement shall
be personally delivered or mailed to the respective parties by depositing same in the United States
mail, postage prepaid, at the addresses shown below, unless and until either party is otherwise
notified in writing by the other party, at the following addresses. Mailed notices shall be deemed
communicated as of three (3) days after mailing.
If intended for City, to:
Kyle McClure
Asst. Director, Park and Recreation Department
1000 Throckmorton St.
Fort Worth, TX 76102
If intended for the NTFWCOC to:
Monica Paul
900 Jackson Street, Suite 380
Dallas, Texas 75202
Section 7.7. Modification of Agreement.
This Agreement may be modified only by written agreement duly signed by persons
authorized to sign agreements on behalf of the City and NTFWCOC. Oral modifications are not
permitted.
Section 7.8. Captions.
The captions to the various clauses of this Agreement are for informational purposes only
and shall not alter the substance of the terms and conditions of this Agreement.
Section 7.9. Right of Review and Audit.
City may request to review any and all of the services performed by NTFWCOC under this
Agreement. NTFWCOC agrees to retain such records for a minimum of three (3) years following
completion of this Agreement.
Section 7.10. Venue.
NTFWCOC
Page 9 of 14
The obligations of the parties to this Agreement shall be performable in Tarrant County,
Texas, and if legal action is necessary in connection with or to enforce rights under this Agreement,
exclusive venue shall lie in Tarrant County, Texas.
Section 7.11. Governing.
This Agreement shall be governed by and construed in accordance with the laws and court
decisions of the State of Texas, without regard to conflict of law or choice of law principles of
Texas or of any other state. 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 7.12. Legal Construction.
In case any one or more of the provisions contained in this Agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
shall not affect any other provision of this Agreement, and this Agreement shall be considered as
if such invalid, illegal, or unenforceable provision had never been contained in this Agreement.
Section 7.13. Successors and Assigns.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective successors and assigns.
Section 7.14. Relationship of the Parties.
NTFWCOC's status vis-a-vis the City shall be that of an independent third party and not
an agent, servant, employee, or representative of City in the performance of its obligations herein.
NTFWCOC shall exercise independent judgment in performing its obligations under this
Agreement and is solely responsible for setting working hours, scheduling or prioritizing the work
low and determining how the work is to be performed. No term or provision of this Agreement or
act of NTFWCOC in the performance of this Agreement shall be construed as making NTFWCOC
the agent, servant or employee of City, or making NTFWCOC or any of its employees eligible for
the fringe benefits, such as retirement, insurance and worker's compensation, which City provides
its employees.
Section 7.15. Cumulative Remedies.
Each right, power, and remedy of City provided for in this Agreement or now or hereafter
existing at law or in equity or by statute or otherwise shall be cumulative and concurrent and shall
be in addition to every other right, power, or remedy provided for in this Agreement or now or
hereafter existing at law or in equity or by statute or otherwise. The exercise or beginning of the
exercise by City of any one or more of the rights, powers, or remedies provided for in this
Agreement or now or hereafter existing at law or in equity or by statute or otherwise shall not
NTFWCOC
Page 10 of 14
preclude the simultaneous or later exercise by City of any or all such other rights, powers, or
remedies.
Section 7.16. Miscellaneous.
A. NTFWCOC certifies that it is not currently engaged in, and agrees for the duration
of this Agreement not to engage in, the boycott of Israel as defined by Section 808.001 of the
Texas Government Code.
B. NTFCOC certifies that it is not currently engaged in, and agrees for the duration of
this Agreement not to engage in, the boycott of energy companies as defined by Section 809.001
of the Texas Government Code.
C. NTFWCOC certifies that it does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association, or will not discriminate
against a firearm entity or firearm trade association for the duration of this Agreement, as defined
by Section 2274.001 of the Texas Government Code.
D. For purposes of Section 2252.152 of the Texas Government Code, NTFWCOC
certifies that, at the time of this Agreement neither NTFWCOC nor any wholly owned subsidiary,
majority -owned subsidiary, parent company or affiliate of NTFWCOC, is a company listed by the
Texas Comptroller of Public Accounts under Sections 2252.153 or 2270.0201 of the Texas
Government Code as a company known to have contracts with or provide supplies to a foreign
terrorist organization.
E. In licensing the Premises, 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.
Section 7.17. Authority to Execute and Perform Agreement.
Each party, as to itself only, represents and warrants that it has the full power and authority
to enter into this Agreement and perform its obligations under this Agreement.
Section 7.18. Entire Agreement Amendments.
This Agreement (with any referenced exhibits or attachments) embodies the complete
agreement of City and NTFWCOC relating to the matters in this Agreement and it supersedes all
oral or written previous and contemporary agreements between the parties relating to such matters.
Any alterations, additions or deletions to the terms of this Agreement required by changes in
federal, state or local law or regulations will be automatically incorporated into this Agreement
without written amendments and shall become effective on the date designated by such law or
regulations.
[the remainder of this page is intentionally blank]
NTFWCOC
Page 11 of 14
IN WITNESS WHEREOF, the Parties have executed this Agreement in multiples. Executed
effective as of the date signed by the Assistant City Manager below.
City:
Dam rt3Iu9cff
By:
Dana Burghdoff (Sep 3&(2026 111536 CDT)
Name: Dana Burgdoff
Title: Assistant City Manager
09/30/2026
Date:
NORTH TEXAS FWC
ORGANIZING COMMITTEE,
a Texas nonprofit corporation:
By:
Name: Monica Paul, President
Title: President
Date: 07/15/2026
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
B
y:
Name: Dave Lewis
Title: Director
Park & Recreation Department
Approved as to Form and Legality:
By:
Name: Hye Won Kim
Title: Assistant City Attorney
Contract Authorization:
M&C: 26-0562
Form 1295: N/A
NTFWCOC
Page 12 of 14
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.
/c� 7
By: O
Name: Kyle McClure
Title: Assistant Director
Park & Recreation Department
City Secretary: PQf�ogroa
Fe g SP.1P
1 11 Dyid
X00 °9Yj
C ��,�A�-k�fL acn �zosaa�
By: Jl
Name: Jannette S. Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit A
North Texas FIFA World Cup 26 Organizing Committee Legacy Project — Sylvania Park Mini -
Pitch
Scope of Work
Overview and Deal Points
• Partners involved:
o North Texas FWC Organizing Committee
o City of Fort Worth
o NexCourt Inc.
• The parties above will collaborate on the conversion of one tennis court at Sylvania Park
in Fort Worth into a mini -pitch for small sided soccer / futsal games. The park is located:
o 3700 E. Belknap Street Fort Worth, TX 76111
• The North Texas FWC Organizing Committee will directly contract with and award funds
to NexCourt Inc. No funds will be transferred to the City of Fort Worth City's role is
limited to site access, coordination, maintenance and upkeep, and required approvals.
• NexCourt Inc. will install atop the existing hardtop surface a low -impact surface meeting
ASTM safety standards, branded to incorporate the North Texas FWC Legacy identity
and any approved sponsor marks.
• NexCourt Inc. will assess the surface and perform minor repairs at their expense.
• NexCourt Inc. will provide remainder of the items needed to provide the community a
mini -pitch suitable for small -sided soccer / futsal.
• Project timeline for the work is within 3 months of execution of the agreement. Timeline
subject to permitting and site readiness.
This work is in line with the North Texas FWC Organizing Committee intent to provide a lasting
impact to the communities we serve and leave a legacy piece in the communities that we
partner with to grow athletic participation in our youth.
North Texas FWC Organizing Committee Mini -Pitch at Sylvania Park
Description: Located at Sylvania Park, a mini -pitch will be constructed by NexCourt Inc. with a
54' x 120' play area, with 175 LF of 4' tall chain link, with a sport court or other shock -
absorbing, low -impact surface meeting ASTM safety standards appropriate for small -sided
soccer or futsal, to support the needs of the community and provide a lasting legacy piece for
the 2026 FIFA World Cup.
Execution Plan: The City of Fort Worth will provide site access and required approvals, while
the NexCourt Inc. will be solely responsible for construction means, methods, safety, and
quality control.
Project Benefits: Completion of the Sylvania Park Mini -Pitch will provide an outdoor court
recreation opportunity for a neighborhood in need.
Cost Estimate: $50,000.00
ti erside
ommunity Center
Dios
i
mid{ r
•
Exhibit C
The Contractor shall maintain, at its own expense, insurance coverage with limits not less than
the following:
General Liability: $1,000,000 per occurrence / $2,000,000 general aggregate / $2,000,000
products -completed operations aggregate, with completed operations coverage through the
applicable statute of repose
Excess Liability: $5,000,000, follow form to underlying General Liability, Automobile Liability,
and Employers Liability
Workers Compensation: Statutory coverage for Texas
Employers Liability: $1,000,000 each accident / $1,000,000 disease policy limit / $1,000,000
disease each employee
Automobile Liability: $5,000,000 combined single limit
Contractor's Pollution Liability: $1,000,000
Professional Liability: $1,000,000
Builders Risk / Installation Floater: Value of the project
Contractors Equipment: Value of equipment
FORT WORTH,
MAYOR AND COUNCIL COMMUNICATION
11.2.4 FIFA MINI PITCH
DATE: 09/15/26 M&C FILE NUMBER: M&C 26-0562
DEPARTMENT: PARK AND RECREATION
SUBJECT
(CD 11) Authorize Execution of an Agreement with North Texas FIFA World Cup Organizing
Committee for the Design and Construction of a Mini Pitch in Sylvania Park and Authorize
Acceptance of the Assets upon Completion
RECOMMENDATION
It is recommended that the City Council:
1. Authorize the execution of an agreement with North Texas FIFA World Cup Organizing
Committee for the design and construction of a soccer field in Sylvania Park; and
2. 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 North Texas FIFA World Cup Organizing Committee (NTFWCOC) for the
design and construction of a mini pitch in Sylvania Park and authorize acceptance of the
assets upon completion.
The Park & Recreation Department (PARD) has been approached by NTFWCOC, seeking an
agreement with the City of Fort Worth (City) to provide the design and construction of a mini
pitch (which is a small street soccer field) on public parkland. Through a series of
discussions, it was determined that Sylvania Park was the most appropriate location to
construct this mini pitch. The proposed project will be constructed on one of the existing
tennis courts to create a destination amenity to be used by tourists, visitors and residents
alike.
PARD recommends that the City enter into an agreement with NTFWCOC. The term of the
agreement will commence upon execution and terminate upon the inspection and
acceptance of the Improvements. NTFWCOC will construct the new mini pitch at NTFWCOC's
sole cost and expense. The exhibits attached to this M&C are a conceptual design. The final
design will be agreed upon prior to the execution of the agreement.
The major terms of the proposed agreement are as follows:
1 of 2
FORT WORTH,
Location Sylvania Park located at 3700 E. Belknap Street Fort Worth, TX 76111.
Site Prep NTFWCOC accepts the site as is, no City improvements are
required.
Installation A 54' x 120' mini pitch with approximately 175 LF of 4' tall chain link
fencing and a low -impact surface for small -sided soccer or futsal.
Contractor NTFWCOC will directly contract with and award funds to the
contractor of its choice for the installation.
Funding 100% funded by NTFWCOC.
Permits NTFWCOC will be responsible for obtaining any required permits
for the installation.
Ownership and The Improvements installed on City parkland will be owned and
Maintenance maintained by the City upon inspection and acceptance.
Any improvements installed on City parkland for the construction of the mini pitch will
become City property upon inspection and acceptance. Costs of maintenance will be
covered by the PARD operating budget.
Sylvania Park is located in COUNCIL DISTRICT 11.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION
The Director of Finance certifies that approval of these recommendations will have no
material effect on City funds. Any assets donated as a result of this agreement will be
recorded in the City's financial records as appropriate.
SUBMITTED FOR CITY MANAGER'S OFFICE BY:
ORIGINATING BUSINESS UNIT HEAD:
ADDITIONAL INFORMATION CONTACT:
ATTACHMENTS
Nil
Dana Burghdoff, # 8018
Dave Lewis, # 5717
Kyle McClure, # 5856
2 of 2
FORT WORTH®
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: North Texas FWC Organizing Commitee
Subject of the Agreement:
Please review and complete the attached License Agreement with
North Texas FWC Organizing Commitee for the Design and Construction of a Mini Pitch in Sylvania Park and
Authorize Acceptance of the Assets upon Completion.
M&C Approved by the Council? * Yes 8 No ❑
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 8
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes ❑ No 8
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: ACM Signature
If different from the approval date.
Expiration Date: One year from ACM Signature
If applicable.
Is a 1295 Form required? * Yes ❑ No 8
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable. N/A
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 8 No ❑
Contracts need to be routed for CSO processing in the following 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.