HomeMy WebLinkAboutContract 45660 STATE OF TEXAS CITY SECRETAW
COMUCT W.
COUNTY OF TARRANT
LICENSE AGREEMENT
THIS LICENSE AGREEMENT is made and entered into by and between the CITY
OF FORT WORTH, a home rule municipal corporation of the State of Texas, located in
Tarrant, Denton and Wise Counties, Texas, (hereinafter referred to as the "City") and BALLET
FOLKLORICO de FORT WORTH Inc, of Fort Worth, a Texas corporation, (hereinafter
referred to as the "Licensee") acting by and through its duly authorized President.
SECTION 1
LICENSED PREMISES
1.01 For and in consideration of the rental payments to be paid under this LICENSE
Agreement and the agreements of the parties expressed herein, City does hereby grant to Licensee
the use of space located at the R.D. Evans Community Center (the Center), 3242 Lackland Road,
Fort Worth, TX, herein described as the "Premises". Licensee shall have access to the Center on
the days and time as described in Exhibit A which is made a part of this License agreement.
The City has provided off-street parking for 65 vehicles that includes 2 parking spaces that meet
applicable handicap accessibility requirements. Licensee understands and agrees that the parking
AOL areas at the Community Center are not for the exclusive use of the Licensee and that the City
and/or patrons of the Center may use the parking spaces at any time.
1.02 The City grants to Licensee the use of a said portion of the Premises during the Center's
normal operational hours. The Center will be closed and unavailable for use by the Licensee on
Sundays and on all regular City holidays. Except due to emergency circumstances, City agrees to
notify Licensee of any change in the hours of operation by providing Licensee with written notice,
at least five (5) working days prior to the change taking effect. City agrees to provide similar notice
to Licensee should the Premises not be available to the Licensee due to special events, scheduled
maintenance or other non-emergency closures. In the event of a change in hours or availability,
such change shall not give rise to any claim against the City by the Licensee, whether for lost
profits, cost, overhead, or otherwise.
1.03 If the Licensee requests additional space during the term of this Licensee, City may, at its
sole discretion and if space is available, furnish such space adjacent to the Premises, requested by
the Licensee at a usual and customary rental rate. The contract term shall be amended to provide
that the additional licensed space term shall be concurrent with the balance of the LICENSE
period outlined by this Agreement. The City agrees to furnish all services provided in this
Agreement to the additional space. The license of additional space shall not be valid unless
executed in writing and signed by both parties.
(,') Pr'1 CUf,%°Yt RECORD
N i w%�'�A f ��6 P� 1r'Wiy
�/0� M �� !p>�mVerc �gd�iw"lE a 1l,,l/IIl f`
' lFy
AWL A011L
SECTION 2
LICENSE PAYMENT
2.01. As consideration for this License agreement, Licensee covenants and agrees to pay to City
the sum of Three Hundred Fifty Dollars and No/Cents ($350.00) per month. Payments are due
monthly.The monthly payments include cost of maintenance, supplies and utilities.
2.02. Any increase in the amount of time or the space used will result in an increase in the license
rate. Payment shall not be decreased due to cancellation of scheduled classes.
2.03. The licensees payment provided for herein shall be due and payable by Licensee to the City
no later than ten (10) after the first business day of each month. Payments shall be mailed/paid
to/turned in to the Parks and Community Services Department, ATTN: Sheri Endsley, 1200
South Freeway, Suite 2200, Fort Worth TX 76115.
SECTION 3
TERM OF LICENSE
3.01 The primary term of this LICENSE shall be for the period commencing on the 1" day
September 2011 and ending on the 31" day of August 2012.
3.02 The primary term may be renewed by mutual agreement between the Licensee and the City
for two (2) successive one-year terms under the same conditions and terms of this Agreement.
The successive terms shall begin on September 1" of each year and end on the 31" of August each
year. Licensee must advise the City in writing of its intent to renew the license at least thirty (30)
days prior, but no earlier than ninety (90) days, prior to the termination date of the initial one-year
Agreement or the two (2) successive one-year terms. Failure to timely give such notice shall, at the
City's option, cause the LICENSE to terminate at the end of its initial term.
SECTION 4
DUTIES AND RESPONSIBILITIES
4.01 Licensee shall:
A. Organize each class to include set-up and cleanup within the time allowed for the
Premises. The Premises are not available prior to beginning class times and are not
available after the scheduled class times. Access shall be given to the assigned Premises
promptly at the posted start time of the class. Licensee shall end classes to ensure
cleanup and removal of supplies and participants BEFORE the start time of the next
class or BEFORE closing time of the center. The next scheduled class will be allowed
in the Premises at their posted start time whether or not the Licensee has completed
class instruction/activities; if Licensee for any reason holds over beyond the scheduled
time as described in Exhibit A, the Center Supervisor in their sole discretion may notify
the Licensee during successive sessions to end the instruction/activities within the time
frame described in Exhibit A of this licenses agreement.
Aw 2
B� Licensee and participants shall not remain in the premises beyond regular operating
hours;with the exception of conditions including but not limited to, eminent: danger to
participants, severe weather conditions, emergencies declared by the City and other
situations in the sole discretion of the Center Supervisor.
C. Ensure each participant and instructor of licensee's program has a current Conurrunity
Center membership card and shall instruct any particil3ant without a membership card
to secure one before attend class sessions, participants who have a membership card
prior to class enrollment shall maintain the niernbership card in good standing for the
duration of the class session.
13, Be responsible for ensuring all participants and parents are fully aware of class times;
including classes that start late, end early, or that may be cancelled.
E, Nofify the City and the participants 24 hours prior to scheduled class time of any
cancellations, except in the case of emergencies. In emergencies, notif�, Supenisor
prior to activity start time.
F Be responsible for ensuring that participants under the age of 10 (ten) are not dropped
off more than 10 minutes prior to the scheduled class without adult SL1pC'rvision:, and
that they are picked up within 10 minutes after the class is over unless participants are
engaged in a supervised activity carried out by the Center Licensee shall be
responsible for the supervision of all particil.-)ants until they are picked up by an
authorized guardian.
G. Maintain orderly conduct of all participants enrolled in Licensee's program,
H. Ensure that program participants do not wear dance shoes on the gyrnriasiurn floor,
participants shall wear dance shoes only on the performitice stage.
1. Ensure participants and parents/guardians are in direct control of all non-participating
children. I lorseplay and Unsuperv,ised children are not allowed in the(-.'enter.
J. Ensure that parents and any non-participants are NOT allowed on any equipment at
any time.
K. Ensure participan i's and parents/guardians corriply with posted rules of the Center,
Rules are included herein as Exhibit B.
I- Maintain the parts of the buildings used by the Licensee so that it is clean and free of
clutter, trash,or other debris at the end of each class,
M. Report any maintenance or repair needs to the Supervisor as soon as practicable,
N, Keep all music and noise levels low enoLjgh that other programs in the Center are not
disnipte&
O� Be responsible for all required liability insurance.
P. Maintain an attendance record of each class session for all program participants. The
attendance of pro�n,-atri participants shall be reported on Attachment I of this
agreement on a iTionthly basis; the attendance report is due at the time a request for
payment is subrnitted by the licensee. Payment may be withheld at the sole discretion
of the Center Supervisor for noncompliance with the attendance reporting requirement
until such time licensee submits Attachment I.
Q NOT CONDUCT ANY UNAUTHORIZED BUSINESS OUTSIDE THE
DESIGINAGED LICENSED SPACE. THIS INCLUDES, BUT IS NOT
3
AWL
LIMITED TO, UNIFORMS, COSTUMES, AND FUND RAISING. ANY
FEES COLLECTED AT THE CENTER BY THE LICENSEE FROM THE
PARTICIPANTS ARE SUBJECT TO A 70-30% SPLIT WITH THE CITY.
PAYMENT TO THE CITY OF THE 30% SHALL BE DUE AT THE END OF
EACH CLASS DURING WHICH MONEY IS COLLECTED.
4.02 The City will:
A. Provide staff to unlock the Premises, disarm security system, turn on lights and heat/ac
systems, ensure lights and heat/ac are turned off, set security system, and lock the
Premises.
B. Ensure the Premises are ready for set up by Licensee.
C. Ensure the Premises are cleaned properly prior to closing and locking the Premises.
D. Assist with the promotion of the program in Center schedules.
E. Ensure City staff does not interfere with program except in cases of safety or
emergency.
SECTION 5
RIGHT OF ACCESS
5.01 During the term of this LICENSE, City or its agent shall have the right to enter upon the
Premises during reasonable hours for the purpose of examining and inspecting the same and
determining whether Licensee has complied with all the terms and conditions of this Agreement.
5.02 During any inspection, City may perform any obligations that City is authorized or required
to perform under the terms of this LICENSE or pursuant to its governmental duties under federal
state or local laws,rules or regulations.
5.03 Licensee will permit the City's Fire Marshal or his or her authorized agents to inspect the
Premises and Licensee and City will comply with all requirements of the Fire Marshal or his or her
authorized agents that are necessary to bring the Premises into compliance with the City of Fort
Worth Fire Code and Building Code provisions regarding fire safety, as such provisions exist or
may hereafter be amended.
SECTION 6
TITLE AND CONSTRUCTION
6.01 Licensee agrees that Licensee has examined the Premises prior to the execution of this
Agreement and is satisfied with the physical condition of the Premises. Licensee's taking
possession of the Premises shall be conclusive evidence of its receipt of the Premises in a safe,
sanitary, and good condition and repair, except for those conditions that the Licensee provides
City written notice of prior to the execution of this Agreement. Licensee agrees that it is taking
the Premises in their current "AS IS" condition with no representations or warranties of
4
any nature whatsoever by City (except as otherwise specifically provided for in this
LICENSE).
SECTION 7
USE OF PREMISES; PERSONNEL, COMPLIANCE WITH LAW; EASEMENTS
7.01 licensee is $g.anted and shall have the right to use and occupy the Premises as provided
and limited in this Agreement for the purpose of providing dance lessons and practice, provided
that such purpose complies with existing z011iDg of the Premises and the purposes stated under
this Agreement,
7.02 Ucensee covenants and agrees that it shall not engage, in any unlawfiA use of the Premises.
Licensee further agrees that it shall not 1.)errnit its officers, agents, servants, employees, contractors,
subcontractors, patrons, Licensees or invitees to engige in any unlawf'ul use of the Premises and
Licensee immediately shall remove from the Premises any person engaging in such unlawful
activities. LJnlawful use of the Premises by Licensee itself shall constitute an immediate breach of
this LICENSF,.
7.03 Licensee will not do or suffer any waste to the Premises, Licensee shall, at its cost and
expense, comply with and cause the Premises to comply wift (i) all valid federal, state, local, and
other governmental laws, ordinances, rules, orders, and regulations affecting the Premises or a part
thereof or the use thereof, and (ii) all rules, orders, and regulations of the National Board of
LJnderwriters or other body exercising similar f6tictions in connection with the prevention of fire
or the correction of hazardous conditions which apply to the Prernises.
7.04 licensee shall comply with the requirements of all policies of insurance which at any time
may be in force with respect to the Premises and, to the extent that Licensee has written notice
thereof,with the provisions of any contracts,agreements, and restrictions affecting the Premises or
a part thereof or the ownership, occupancy, or use thereof which shall have existed at the time of
commencement of the primary Term.
7.05 Licensee will comply with all federal, state, and local laws, statutes and all ordinances,
charter provisions, rules and regulations of the City, of Fort Worth; including all rules, regulations
and/or requirements of the City of Fort Worth Police and Fire Departments; and any and all
requirements specifically made by the City, of Fort Worth Fire Marshal in connection with this
LICENSE Agreement.
7.06 All City, facilities are designated non-smoking areas,
7.07 If the United States Department of 1-lomeland Security issues a Level Orange or Level
Red Alert,the City,in its sole discretion,may close or postpone the opening of the cornmuniti,
centers in the interest of public safety.
5
SECTION 8
TAXES AND OTHER CHARGES; UTILITIES; LIENS
8.01 Licensee 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,Licensee 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 Licensee, by
reason of any labor or materials furnished or claimed to have been furnished, by, through, or under
Licensee, by reason of any construction, improvement, alteration, addition, repair, or demolition of
any part of the Premises. Licensee's failure to discharge any such purported lien shall constitute a
breach of this LICENSE and City may terminate this LICENSE upon thirty (30) days written
notice. However, Licensee's financial obligation to City to liquidate and discharge such lien shall
survive following termination of this LICENSE and until such a time as the lien is discharged.
SECTION 9
MAINTENANCE
9.01 Licensee shall keep and maintain in a clean, and sanitary condition all areas used in carrying
out program activities. Licensee covenants and agrees that it will not make or suffer any waste of
the Premises. Licensee shall be responsible for all damages caused by Licensee, its agents, servants,
employees, contractors, subcontractors, Licensees, or invitees. The City will fully repair or
otherwise cure all such damages and Licensee shall fully reimburse the City for all 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 by the Licensee or others incident
to the exercise of privileges herein granted shall be repaired or replaced by the City.
SECTION 10
IMPROVEMENTS, REPLACEMENTS,ADDITIONS,AND REMOVALS;
LANDLORD'S LIEN
10.01 City hereby covenants and agrees that the Licensee may bring on to the Premises any
equipment reasonably necessary for the efficient use of the Premises by the Licensee.
10.02 Licensee will not do or permit to be done any injury or damage to any buildings or part
thereof, or permit to be done anything which will damage or change the finish or appearance of
the Premises or the furnishings thereof or any other property belonging to the City by the erection
or removal of equipment or any other improvements, alterations or additions without the written
consent of the City. No decorative or other materials shall be nailed, tacked, screwed or otherwise
physically attached to any part of the licensed Premises or fixtures of the City without the written
consent of the Director of Parks and Community Services.
10.03 Licensee agrees that, except as otherwise expressly provided herein, all improvements,
trade fixtures, furnishings, equipment and other personal property of every kind or description
6
r �
which may at any time be on the Premises shall be at Licensee's sole risk or at the sole risk of those
claiming under Licensee.
10.04 After consent is given by the City, any signs necessary to indicate Licensee's name and
location shall be prepared and installed by the Licensee, at the sole cost of Licensee, in accordance
with applicable rules and regulations of the City and in keeping with building decor. Any special
requirements of Licensee contrary to the above must be made a part of this LICENSE by written
modification.
10.05 City assumes no responsibility for any property placed on the Premises or any part
thereof by the Licensee or any agent, officer, and/or employee of the Licensee. To the extent
permitted by the constitution and the laws of the State of Texas, Licensee hereby expressly releases
and discharges City from any and all liability for any property damage or loss and/or personal
injury, including death, arising out of or in connection with, directly or indirectly the occupancy
and/or use of the Licensed facilities and any and all activities conducted thereon sustained by
reasons of the occupancy of said buildings under this Agreement.
SECTION 11
INDEMNIFICATION
11.01 LICENSEE AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY,
AS ` ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST
ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY
KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE
OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS
AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY,
INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE
OCCASIONED BY (i) LICENSEE'S BREACH OF ANY OF THE TERMS OR
PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR
OMISSION OR INTENTIONAL MISCONDUCT OF LICENSEE, ITS OFFICERS,
AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE
CITY,) OR SUBCONTRACTORS, RELATED TO PLANET KIDZ, INC. PROGRAM
OR THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO
ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY
OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS,AND
IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH
LICENSEE AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED
COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF
TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE
CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS
OF TEXAS.
s�• 7
Allh� AM,
SECTION 12
INSURANCE REQUIREMENTS
12.01 Licensee shall, prior to the execution of this LICENSE agreement, procure, pay for, and
maintain during the term of this LICENSE Agreement the following insurance written by
companies approved by the State of Texas and acceptable to the City. The insurance shall be
evidenced by delivery to City of executed certificates of insurance and/or certified copies of
policies as determined by City. Licensee covenants and agrees to obtain and keep in force during
the term of this LICENSE agreement, Commercial General Liability Insurance, including Personal
Injury Liability, Independent Contractor's Liability, and Contractual Liability covering, but not
limited to, the liability assumed under the indemnification provisions of this LICENSE agreement,
with limits of liability for Bodily Injury (including death) and Property Damage of not less than
One Million Dollars ($1,000,000) each occurrence, $2,000,000 aggregate; and the policy shall
include Broad Form Property Damage Coverage with an insurance company satisfactory to the
City.
Licensee, on behalf of itself and the Permitted Subtenants (subject to approval by the City), further
covenants and agrees to obtain and keep in force during the term of this LICENSE a policy
covering the Licensee and the Permitted Subtenants providing for bodily injury and property
damage insurance in amounts as follows:
a. Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
b. Automobile Liability
$1,000,000 each accident on a combined single limit
or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
c. A commercial business policy shall provide coverage on "Any Auto", defined as
autos owned, hired and non-owned when said vehicle is used in the course of the
event Licensed herein.
d. Worker's Compensation:
Coverage A: Statutory limits
Coverage B: Employer's Liability
$100,000 each accident
$500,000 disease- policy limit
$100,000 disease- each employee
12.01.01 Insurance Coverage Exclusion
8
401b Awhk
1. Licensee shall not be required to carry the above automobile liability insurance
if Licensee DOES NOT provide transport of program participants to or from
events, practices or performances using their personal, leased or rented
automobiles. This exclusion of coverage does not apply to contract
transportation services obtained by Licensee to provide transportation to or
from events, practices or performances; contract transportation services shall
be required to carry the above insurance coverage.
2. Licensee shall not be required to carry the above worker's compensation
insurance if Licensee DOES NOT employ at least one full time employee.
12.02 The insurance policy shall include the following:
(1) The certificate of insurance shall document the City of Fort Worth, its' Officers,
Employees and Volunteers as an "Additional Insured" on all liability policies. Exception...
the additional insured requirement does not apply to Workers' Compensation policies
(2) This insurance shall not be canceled, limited in scope or coverage, cancelled or non-
renewed, until after thirty (30) days prior written notice has been given to the City of Fort
Worth, a notice shall be given to City by certified mail; a ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent to the:
Aft-
Sheri Endsley PACSD
City of Fort Worth,
4200 South Freeway Suite 2200
Fort Worth,Texas 76115-1499
(3) The certificate shall be signed by an agent authorized to bond coverage on behalf of the
insured, be complete in its entirety, and show complete insurance carrier names as listed in
the current A.M. Best Property & Casualty Guide
(4) All policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City
of Fort Worth.
(5) The insurers for all policies must be licensed and/or approved to do business in the State
of Texas. Except for workers' compensation, all insurers must have a minimum rating of
A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is below that
required, written approval of Risk Management is required.
(6) If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shall follow form of the
primary coverage.
(7) Unless otherwise stated, all required insurance shall be written on the "occurrence basis".
If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident
9
AML
with or prior to the date of the contractual agreement and the certificate of insurance shall
state that the coverage is claims-made and the retroactive date. The insurance coverage
shall be maintained for the duration of the contractual agreement and for five (5) years
following completion of the service provided under the contractual agreement or for the
warranty period, whichever is longer. An annual certificate of insurance submitted to the
City shall evidence such insurance coverage.
(8) Policies shall have no exclusions by endorsements, which nullify the required lines of
coverage,nor decrease the limits of said coverage's unless such endorsements are approved
in writing by the City. In the event a contract has been bid or executed and the exclusions
are determined to be unacceptable or the City desires additional insurance coverage, and
the City desires the contractor/engineer to obtain such coverage, the contract price shall be
adjusted by the cost of the premium for such additional coverage plus 10%.
(9) Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be acceptable to and approved by the Risk Management Division of the City
of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional
insurance, alternative coverage maintained through insurance pools or risk retention
groups, must also be approved by Risk Management.
(10) Any deductible in excess of$5,000.00, for any policy that does not provide coverage on a
first-dollar basis, must be acceptable to and approved by the City's Risk Management
Division
(11) The City, at its sole discretion, reserves the right to review the insurance requirements
and to make reasonable adjustments to insurance coverage's and their limits when deemed
necessary and prudent by the City based upon changes in statutory law, court decision or
the claims history of the industry as well as of the contracting party to the City of Fort
Worth. The City shall be required to provide prior notice of ninety (days).
(12) The City shall be entitled, upon request and without expense, to receive copies of policies
and endorsements thereto and may make any reasonable requests for deletion or revision
or modifications of particular policy terms, conditions, limitations, or exclusions necessary
to conform the policy and endorsements to the requirements of this contract. Deletions,
revisions, or modifications shall not be required where policy provisions are established by
law or regulations binding upon either of party or the underwriter on any such policies.
(13) Any failure on the part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements.
(14) 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.
12.03 Licensee shall not do or permit to be done anything in or upon any portion of the
Premises, or bring or keep anything therein or thereupon which will in any way conflict with the
conditions of any insurance policy upon the Licensed Premises or any part thereof, or in any way
10
Aelk
increase the rate of fire insurance upon the Licensed Premises or on property kept therein, or in
any way obstruct or interfere with the right of other tenants of the Licensed Premises, or injure or
annoy them.
12.04 The City may terminate this LICENSE agreement immediately upon failure of the
Licensee to provide acceptable documentation of insurance as required by this Section.
Certificates of insurance evidencing the above required insurance shall be presented to the City
prior to execution of this LICENSE agreement and annually by the expiration date shown on the
insurance certificate.
12.05 Licensee agrees that if it is a charitable organization, corporations, 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., 5 84.001 et seq., or
other applicable law, that SubLicensee hereby expressly waives its right to assert or plead
defensively any such immunity or limitation of liability as against City. Copy of the documentation
stating this organization's status is due annually to the address specified for Parks and Community
Services in Paragraph 22 of this document.
SECTION 13
CONDEMNATION
13.01 If the title to all or substantially all of the Premises is taken by condemnation proceedings
or any right of eminent domain, this LICENSE will terminate on the date of such taking, and City
shall be entitled to receive the proceeds resulting from such taking. Licensee waives any right to
any compensation attributable to its License hold interest in the Premises.
SECTION 14
SUBLETTING AND ASSIGNING
14.01 Licensee shall not assign its interest under this LICENSE without receiving the written
consent of City (which shall not be unreasonably withheld), but will thereafter remain liable for all
obligations herein placed on Licensee. Neither this LICENSE nor the term demised hereby shall
be mortgaged by Licensee nor shall Licensee mortgage or pledge the interests of Licensee in and to
any sublease or to rental payable thereunder. Any assignment without the consent of the City shall
be void.
14.02 Licensee may not sublet the Premises in whole or in part without the written consent of
City. Any subrental of the Premises without the consent of the City shall be void.
14.03 In the event Licensee shall merge or consolidate with any other corporation or transfer
all or substantially all of its business and assets to another corporation, which in any such case
11
AIMIk
succeeds to all or substantially all of the business and assets of Licensee, such successor
corporation or entity may succeed to and be substituted for Licensee with the same effect as if it
had been named herein as Licensee only by written consent of the City.
SECTION 15
TERMINATION
15.01. This Agreement may be terminated without cause by either party upon thirty (30) days
written notice of such intent to cancel.
15.02. Upon termination, all funds owed to the City shall be due and payable by the tenth (10`h)
calendar day from the date of termination.
15.03. If Licensee fails to perform under the terms of this Agreement, the City may, at its
discretion, provide Licensee an opportunity to cure or correct such performance within the
timeframe specified by the City.
15.04. Within twenty (20) days following the effective date of termination or expiration,
Licensee shall remove from the Premises all trade fixtures, tools, machinery, equipment, materials
and supplies placed on the Premises by Licensee pursuant to this LICENSE. After such time, City
shall have the right to take full possession of the Premises, by force if necessary, and to remove
any and all parties and property remaining on any part of the Premises. Licensee agrees that it will
assert no claim of any kind against City, its agents, servants, employees or representatives, which
may stem from City's termination of this LICENSE or any act incident to City's assertion of its
right to terminate or City's exercise of any rights granted hereunder.
SECTION 16
REMEDIES; NO WAIVER
16.01 Each right,power, and remedy of City provided for in this LICENSE shall be cumulative
and concurrent and shall be in addition to every other right, power, or remedy provided for in this
LICENSE, or, unless prohibited by the terms hereof, now or hereafter existing at law or in equity
or by statute or otherwise, in any jurisdiction where such rights, powers, and remedies are sought
to be enforced, and the exercise or beginning of the exercise by City of any one or more of the
rights, powers, or remedies provided for in this LICENSE or now or hereafter existing at law or in
equity or by statute or otherwise shall not preclude the simultaneous or later exercise by City of any
or all such other rights,powers,or remedies.
16.02 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 hereof, or of City's right to declare a forfeiture for
violation of any covenants or conditions if such violation be continued or repeated beyond the
curative periods of time permitted in above.
12
A6116 Amh.
SECTION 17
INDEPENDENT CONTRACTOR
17.01 It is expressly understood and agreed that Licensee shall operate as an independent
contractor as to all rights and privileges granted herein, and not as an agent, representative, or
employee of City. Licensee shall have the exclusive right to control the details of its operations
and activities on the Premises and shall be solely responsible for the acts and omissions of its
officers, agents, servants, employees, contractors, subcontractors, patrons, Licensees, and invitees.
Licensee acknowledges that the doctrine of respondeat superior shall not apply as between City and
Licensee, its officers, agents, employees, contractors and subcontractors. Licensee further agrees
that nothing herein shall be construed as the creation of a partnership or joint enterprise between
City and Licensee.
SECTION 18
NON-DISCRIMINATION/DISABILITIES
18.01 Licensee, for itself, its personal representatives, successors in interest and assigns, as part
of the consideration herein, agrees that no person shall be excluded from participation in or denied
the benefits of Licensee's use of the Premises on the basis of race, color, national origin, religion,
handicap,gender, sexual orientation,or familial status.
SECTION 19
LICENSES AND PERMITS
19.01 Licensee shall, at its sole expense, obtain and keep in effect all licenses and permits
necessary for its operations.
19.02 Copy of the documentation stating this organization's status is due annually by to the
address specified for Parks and Community Services in Paragraph 22 of this document.
19.03 With the use and/or provision of amplified or non-amplified music in a City of Fort
Worth facility, Licensee agrees to assume full responsibility for complying with the Federal
Copyright Law of 1978 (17 U.S.C. 101, et seq.). This law states that the user is responsible for
abiding by royalties, copyrighted works, and securing permission from artists/performers for any
music used.
SECTION 20
VENUE AND JURISDICTION
20.01 If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this LICENSE or of Licensee's operations on the Premises, venue for such action
shall he in state courts located in Tarrant County,Texas or the United States District Court for the
Northern District of Texas, Fort Worth Division.
13
Allk
SECTION 21
WAIVER, SECTION HEADINGS,AND SEVERABILITY
21.01 Neither this LICENSE nor any provision hereof may be changed, waived, discharged, or
terminated orally, except by an instrument in writing, signed by the parties. This LICENSE shall be
binding upon and inure to the benefit of the parties hereto and their respective successors and
assigns.
21.02 The headings in this LICENSE are inserted for reference only, and shall not define or
limit the provisions hereof.
21.03 This LICENSE may be executed in several counterparts, each of which shall be an
original,but all of which shall constitute one instrument.
21.04 In the event that any clause or provision of this LICENSE shall be held to be invalid by
any court or competent jurisdiction, the invalidity of such clause or provision shall not affect any
of the remaining provisions hereof.
SECTION 22
NOTICES
22.01 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 postage
prepaid:
CITY: LICENSEE
City of Fort Worth Ballet Folklorico de Fort Worth, Inc.
Director 3309 Highlawn Terrace
Parks and Community Services Department Fort Worth,TX q&J15'$
4200 South Freeway, Suite 2200
Fort Worth,Texas 76115
With a copy to:
City Attorney's Office
1000 Throckmorton
Fort Worth,Texas 76102
Or to such other address as such party may hereafter designate by notice in writing addressed and
mailed or delivered to the other party hereto.
14
SECTION 23
ASSIGNMENT
23.01 Licensee shall not assign or LICENSE its privileges, rights or duties hereunder without
written permission of the City.
SECTION 24
ENTIRE UNDERSTANDING
24.01 This LICENSE expresses the entire understanding and all agreements of the parties
hereto with each other and neither party hereto has made or shall be bound by any agreement or
any representation to the other party which is not expressly set forth in this LICENSE.
IN WITH SS WHEREOF, the parties have executed this LICENSE Agreement in
multiples, this day of OzAa f&e r 12011.
CITY OF FORT WORTH BALLET FOLKLORICO de
FORT WORTH INC.
By: _ — By:
chard Zavala, Director Jesse Sandoval,
P rks and Community Services Department President
15 ()FFICIAL RECORD
ary SECRETARY
(Ow!„ J1�yl�1Vl�Yl
P,
R.D.Evans Community Center EXHIBIT
3242 Lackland Road
Fort Worth,TX
Organization: Ballet F olkoricio Inc.
September 1, 2011 —June 2, 2012
And
September 1, 2012 — December 31, 2012
TMES TUESDAY WEDNESDAY THURSDAY SATURDAY
-7;30pm After School
00 —The
Second
Tuesday of
Each Month
5:45pm—7:00pm Performance
Stage
5:30pm—8000pm Performance
Stake
9:00am—1:00prn Performance
Stage
I of
1 f)
1' .h
R.D.Evans Community Center EXHIBIT A
3242 Lackland Road
Fort Worth,TX
Organization: Ballet Folkoricio Inc.
SUMMER SCHUD[TLE
June 3, 2012 —August 31, 2012
.T S TUESDAY, WEDNESDAY T SDAY' , SATURDAY
6:00pm-7:30pm After
School
00
2`"d Tuesday
of Each
Month
5:45—8:00pm C
Performance
Stage
5:30—5:00 pm C
Performance
Static
2 of 2