HomeMy WebLinkAboutContract 19470 CITY SECRETARY
CONTRACT NO:��
LICENSE AGREEMENT
COUNTY OF TARRANI 925
STATE OF TEXAS
WHEREAS , t1m Department of the Army is the owner of a tract
of approximately 665 acres of land and water in the Renbrook Dam
and Reservoir area ; and
WFEREAS , the Secretary of the Army granted to the City of
Fort Worth , Texas , a lis ense . by written agreement deBignalned as
City Secretary Contract 470U . as amended . for a period of 50
years commencing on MijaQ I , 1962 and ending on July 31 . 2012 ,
to use and occupy said 665 acres fur parks and recreation
purposes ; and
WKEREAS , the Fort Worth Youth Soccer Association , Inc . , has
rerAjeste& that the Park and Fie,[ reat ion Board of Lhe City of Fort,
Worth approve the use of a portion of said I.and by the Fort Worth
Youth Soccer Au w; ia t 1 on . Inc . for the of ope'r'-_O' i.fig i-:1
public recreation facility thereon ;
Wobj , THrinu mr.
The City of Fort Worth , a home rule municipal corporation in
Tarrant County , Texas , hereinafter referred to as "City " and the
Fort Worth Youth 5occer Assrici at, inn , Inc . , a non-profit,
corporation , duly orqrinize�J h[ider the lowo of the State of Texas ,
hereinafter referred to aq "Licensee" , hereby make and enter into
the Following licens" nureement ::
rea 13611
FT. MITI X.
I ..
city grants a I ice"Se IWO I !l',,3 e ancl ocr.,kirjy the
following described prorwrty for constructing , operating and
maintaining a public rpereaLinn fah-[ My :
A pnrtion of Pecan Val ley Park , approximately 32 acres ,
nded by Hon nimirntyqd led !;p i I I=y charmail cui Lhe
southeast , by the park limits at the dam from the
"ncontrol pi 1. 1.w a Y C I ta n no I i r I '�i i ior L [iw�.--�s 1,er [y
dire giro to Lake Ride Drive and from Lakeside Drive to
the uncontrolled spillway rhaHnel , as shown in blue on
Exhibit "A " , attached hereto and made a part thereof .
Any agreement for the iise of an acfilif, ional site or Mes by
the Licensee may he ackomp I i sheal , i n t tic discretion of City
either by supplemental agreement hereto , or by a separate license
agreement , requiring the prior written approval of the District
Engineer ca the Army Corps of Engineers .
2 ..
As consideration for this agreement , Licensee covenants and
agrees to pay to City t1w sum of One Dollar and No/Cents ( $1 .00 )
per year . The initial payment under this ayreeme.alt shall be due
and payable on or he l:nr e je & -3 and each
............... ......
paymela thereafter Qua I I be We aYYJ p a),a b I e on or before
of each SUCCeSS i ve year of t h i
license .
As further ij)nviderat ion for i his agreement , Licensee agree.-,
to and obligates iLself to constrturt operaW and mainWin , at,
its sale cost and expery sr' , car W2 demis;Q Tyre mises , a public
recreation Facility , tai ibjecL Lo L W covefoint s a Y u J c o W j L ij)ns
2
hereinafter set forth in this Ngrepment and subject to all terms
and corr-litiont; of that I inense yrantrid to 1 42 City of FOrk Worth
by the Department of the Army in City 5ecretary Contract 47no , as
amended , on file in the off ike of t [w City nearptary of the City
of Fort Worth .
The public facility may include soccer fields , recreational
facilities and a bu I ILI i ng a I rang w 1 t h 1, 11 ad,J ace nt
facilities .
This agreement is expressly suh,jeoct Lo all the terms and
conditions contained in the Hrense agreement covering the above
described property From the De,partment of the Army of the UALeLl
States of America ( City Secretary ConLrart 4708 , as amended ) to
the City of Fort Worth , and I hAnisee towenants and agrees to he
bound by and strictly uamply with all of the terms and ronditiore
of City Secretary CuntrauL 470H , as amended , insofar as Lhey are
applicable to Licensee 'B use and occupancy of the demisecd
premises .
4 .
This license agreement shaJI he For a period u F 1:en ( M
year commenc.i ng CHI and terminating
CHI 9000 1 1.0 a wiless a prior termination P-.,
----5�1 MV - -
effected by either party hereLO pursuant to the termination
provisions expreassed fowein . Fl As aqjrf,emwit slui I I be roniewed
automatically For a maximum of ten ( 10 ) successive periods of one,
I ) year each , but in to) everk shall this aqreement extend beyond
Ct
July 31 , 2012 . 1he terms set forth herein shall govern and
control the relationship of the parties hereto during any renewal.
period affected her on Kr-,r , x(-,,:e p t that City may increase or
otherwise change the license fee for any renewal period . City
reserves the right to terminate this agreement at the end of the
term or any successive renewal thereof regardless of Licensee 's
intent to renew .
In the event the liGense agreement is terminated or Licensee
is evicted from the premises fur any reason , City shall not he
responsible for any personal property of Licensee remaininw an
the premises at the time of said eviction or termination , and
said personal property shall be deemed abandoned by Licensee if
such remains on the premises at any time subsequent to the,
termination of the agreement . On the dissolution of Licensee ,
this agreement shall terminate hy operation of law .
5 .
.It is expressly provided that City shall have the right to
terminate and cancel this wreement withrmt cause upon thirty
( 30 ) daX written Hntice to Licensee . It is expressly provided
that Licensee shall have the right to terminate and cancel this
agreement without cause upon thirty ( 20 ) rMys writ Len notice to
City and the District Engineer or the Army Corps of Engineers .
It is understood and agreed that any rights or interest that the
City has in the demised premises are contained in the license
agreement from the Department of the Army of the United States of
4
America ( City Secretary runtrauL Number 4708 , as amended ) to the
City of Fort Worth . Should gaid license agreement ( city
Secretary Contract Number 4708 , as amended ) be revoked , cancelled
or Lermindted For any reason , this license agreement between City
and Licensee shall automatically be terminated and cancelled ..
6 .
Licensee covenants and agrees that it will not subcontract
or assign all or any part of its rights , privileyes or duties
under this agreement without the prior written consent of city
and the District Engineer , and any attempted subcontract or
assignment of same without such prior consent of City and the,
District Engineer shall be void .
7 .
Licensee is given the riqjht to Lao 12 yoods and services oil
the demised premises with the prior approval of the Corps of
Engineers and the Park arnJ Recreation Director . It is intended
and understood by the Licensee and City that said concession
shall be managed and operated by c-irid for a non- profit
organization , acting through its officers and successors in
office ..
Admission , entrance and user fries may be charged by licensee
for the entrance to or use of any part or all of the premises or
any facilities constructed L hareon , with the prior approval of
the Park and Re(xe at. ion Director of Me City of Fort Worth and
t he Di st r i ct Engi neer
The amount of any fees to be charged by Licensee and all
rates and prices chargeW by i cerriee for accommodat ions . food
and services furnished or sold to they public shall be subject to
regulations and the prior approval of the Park and Recreation
Director and the District Engineer .
B .
Licensee shall , not less than 60 days prior to April 30 and
October 31 of each year that this license remains in effect ,
submit to the Park arA Recreation Director for approval a list of
fees , rates and prices proposed f or the following six months .
Licensee shall furnish justification for any proposed fee , rate
or price increase or decrease . The Park and Recreation Director
will give written notice to the Licensee of his approval of or
objection to any proposed fee , rate or price and will , if
appropriate , state an approvNd fee , rate or price for each item
to which an objection has been MILK . Licensee shall keep a
schedule of such fees , rates or prices posted at all times in a
corn spiCUOUS place on t, he demised premises .
9 .
All monies received by Mensee from operations conducted on
the licensed premises , including , but not limited to , entrance
and admission f eets a nd user rees , and renLal or other
consideration received from its concessionaires . may be utilized
by Licensee for the adminiaLr rat ion , mainEenance , operation and
further development of the licensed premises . Any such monies
6
not so utilized by Licensee shall he paid to the District.
Engineer at the expiration of each five-year period of this
license . Licensee shall establish and maintain adequate records
arni ac t;ounts and render annual statements of receipts and
expenditures to the District Fngineer and the Park and Recreation
Director .
1C .
Licensee covenants and agrees that it will not permit , at:
any time , the sale of alcohol & beverages on the demised
premises .
Licensee agrees that Licensee will obtain and pay for all
necessary permits , licenses and taxes ini-.urred or required in
connection with the operation hereunder .
12 .
Licensee , suNjecL to Lhe terms and co nil i 1: J.ot is of this
agreement , will be pprmitLed to uninstrIACt facilities and other
permanent improvements that may be needed to fulfill the
recreational purposes of said comp I e x , prow i ded t Via t of i d
Facilities and improvements will he constructed only upon prior
written consent of City aiO the Army Corps of Fnyineers . All
plans and specifications for the construct icin of the recreational
complex , additional Facilities sind of hear permanent improvemenLs ,
as ment i oned here i rvd)ove , shall requirr the prior written
approval of the Director of Public Works of the City of Fort
Worth and the District Enyineur of the Army Corps of Engineers ,
7
Hirt Mrt If Dist r jut , and musL conform Lo a I I I oca I , state , and
federal coden . I aws , or,I i nafqzn; and regu.I at ions now i n force or
hereafter prescribed by authority c f law . Licensee shall at its
sole expense Wtain all rwcessary licenses and permits and all
payment and performance bonds . Upon completion and acceptance
of construction . title to all permanent improvements shall vest
in City . Approval by the Director of Public Works or the
District Engineer shall not constitute or be deemed a release of
the responsibility and Ii rah iliLy of Licensee , its agents ,
servants , MIDI OYMS , contractors a rnJ subcont r act ors for the
accuracy and competency of its designs , working drawings , and
spe0fications or other engi fig documents . Such approval
shall not be deemed to be an assumption of such re spore sibilitx
and liability by City for any MOM in the designs , working
drawings and specifications or other engineering documents
prepared by Licensee . its agents , servants , employees ,
contractors and subcontractors , ( it being the intent of the
parties that approval by City and the Army Corps of Engineers be
approval of only the general design concept of the improvements
ti t u be const rUCt ed ) . 11: is expressly understood that Licensee
shall be required to c,o m p I y with all requirements of the
Department of Army as set forth in :,aid City Secretary Contract
Number 4708 . as amended .
13 '.
Lif-pnsee c.r..)venants and agrees that said r ecreational complex
will be constructed . operated , and maintained in compliance with
all laws , ordinances , rules , regulations and specifications of
all federal , state , county , city and other governmental agencies
applicable to said demiSed premises now or hereafter in effect
and shall not make or allow Lo be made any unlawful , improper ,
immoral or offensive use L he,reol .
14 .
Licensee in its construGtion , maintenance , occupancy , use or
operation of said recreation complex shall not discriminate
against any peracni or persons because or race , age , sex ,
religion , color , national origin , or handicap .
Licensee shall comply with the Americans with Disabilities
Act ( ADA ) and Mjn(.'jr ! ty Ruainess Enterprises ( MBF ) req"iremenU-
--�
t hat Would pertain to the City of Fort worth in the absence uf
this license agreement .
L i censee shal I make the sncwer Fields on L h P- d HM 3 H d
premises availahle to other groups as scheduled by Licensee ..
16 .
Licensee covenants and agrees that it A I I not permit the
USEI of loud , abusive , WHI , or LAISMHU language by any person or
persons upon said premises , aTA that use of such language by any
person or upon said premises shal t res"It in the removal.
9
of that person or those t e r sonn from the premises by Licensee ,
its members , agents or empluyves .
17 ..
Licensee Bgrees that at all times dur [ng the term of this
agreement it will Wep all growth of weeds and other
objectionable vegetation tiara na i d pr oper t y from reaching such
conditions as ta_1 violate ouvernmental requirements , i f any , or be
hazardous and/or objectionable to City and/or adjaGent property
owners ..
Licensee agrees that Liceinee will maintain Lhe premises and
keep same in go(A repair at Licensee 's sale cost and expense .
All maintenance , re[Agir and upkeep of the be in
accordance with all applicable federal , state and local laws ,
rules , regulations , and specifications .
Licensee shall not commit nor allow to be committed any
waste on the premises , nor shall Licensee maintain , commit or
permit the maintenance or commission of any nuisance on the
premises ur ima the prem [sen fur any unlawful purpose .
19 .
Licensee will do all work and make MI. repairs necessary or
advisable to keep the surface of the demised premises from
deteriorating in value or con(J0. io:ju and to reStnre and maintain
the demised premises and improvements thereon , excepting normal
wear and tear . City shall have the right and privilege , thrOH911
its agents and representatives . to make inspections oF the
10
demised premises and thereafter to make recommendations to
Licensee of any repairs that , in City 's opinion , are necessary to
be performed by Licensee iWon Me demised premises in accordance
with the foregoing . I JT I I H 5 Ut I nor to i roe spehi f ica I I y agreed to in
writing by City acting in its sole discretion , Licensee covenants
and agrees that it will commence repairs within sixty ( 60 ) days
from the date that such recommendations are made . Such repairs
will be made in aH eweditious aruJ workmanlike manner . In the
event that Licensee shall fail to undertake such recommended
repairs within the time provided , U is understood and agreed
that City may . Whin its discretion . undertake to make such
repairs as it may dHem necessary for and on behalf of Licensee ,
and i n such event , the con;L r..1f such repairs shall be an
obligation on Licensee to pay same; upon demand by City followinrj
the completion of such repairs .,
20 .
Collection and proper of trash , garbage , litter and
debris will be the responsibility of Linensep , at its Sole Cost,
and expense .
21 .
At all time during the term of this agreement , City shall
have the right . through its agents and representatives , to enter
31
into and UPOn the premises during reasonable business hours for
the purpose of examining and ilispecting the same for the purpose
of determining whether Licensee shall havP complied with all of
its obl [gat ions hereunder in resinect to Lhe use of the premises
22 .
Licensee agrees to and cKies herehy accept possession of the
derinised premises in their prinsei-M condition and warrants that it
has found Unam nAi i t ab I to For a I I purposes under this license
agreement , and free of any hazards or dangerous conditions that
Would be UnSH i t ab I En fo r a in I ace w I are' large numbers of the;'
general public are expected to gather .
23 .
Licensee accepts the property herein descr i bed subject to
all previous easements , if any , that may have he-se: n granted on ,
a I on , over under or across solid propierty , and releases City
from any and all damages , Glaims for damages , loss or liabilities
that may be caused to all invitees , licensees , or trespassers by
reason of the exercise of such rights or privileges granted in
said easements . It is understood that this land is crossed by
overhead and underground electric distribution and transmission
lines and related facilities and may in the future be crossed by
additional lines .
24 .
Licensee covendnLs aid agrees that City ohall in no way nor
under any circumatani-Aos Ina responsible for any property belonging
12
to Licensee , its members , employees , agents , contractors ,
subcontractors , invitees , IlGensoms , or trespassers , which may be
stolen , destroyed , or in any way damaged , and L. 1 censee hereby
indemnifies and holds harmless City from and against any and all,
such claims .
Ihe City does not guarantee police protection and will not,
be liable for any Loss or damage sustained by Licensee , its
members , employees , agents , contractors , subcontractors ,
NO tees , I i censine a , or trespassers on L he demised for emises
25 .
Licensee rjovenants and agrees to dind does hereby , indemnity ,
hold harmless and defend , City , its officers , agents , servants
and employees dnd IN! Department of t fie Army , Army Corps of
Engineers , from and against any and all claims or suits for
property loss or damaye . I oss and/ur personal injHry , including
death , to any and a I I tie rsoi is , of whatsoever kind or character ,
whether real or assurted , arising out of or in connection with
directly or indirectly , the maintenance , use . occupancy ,
existence or I ocat i an of sa i it derniNed premi tae s , whether or not
caused , in whole or in part , by the alleged negligence of
officers , agents , sF,rvants , emOrlyees , customers . contractor3 •
subcontractors , licensees or inviLees of City ; and Licensee
hereby assumes all liability and responsibility of City , its
officers , agents , servants and employees and the Department of
the Army , Army Corps of Engineers for any and all such claims or
suits . Licensee shall likewise indemnify and hold harmless City
13
for any and all injury or damaq, to said premises , whether
arising out of or in connection with any and all acts or
omissions of Liccnsee , its WficHrs , agents , servants , emt,.frayeFas ,
contractors , subcontractors , licensees , i, i iv i 1, , pcilrons , or
trespassers , or caused , in whole or in part , by the alleged
negligence of officers . agents , servants , employees , patrons ,
contractors , subcontractors , licensees or invitees of City ..
26 .
Licensee shall pay promptly when d u F; a I I bills or charges
For construction or maintenance as well as any other amounts due
for materials , services and labor furnished in connection
herewith , and shall indemnify City for non-payment of same .
Licensee shall indemnify My against any and all mechanic 's and
mat erial mean 's liens "r any other type of claims or liens imposed
upon the premises arising as a result of Licensee 's conduct or
inactivity .
2V
If Licensee , as N Mir i Lah I u association , corporation ,
entity or individual eMerprise , has or claims an immunity or
exempt ion ( statutory or of hPrwA,:_,e ) from and against I iabi I i ty f or
damage or injury to property or persons , Licensee hereby
expressly waives its rights to plead defensively such immunity or
exemption as against City .
14
211 .
Licensee agrees that Licensee will , Contemporaneously with
the execution of this agreement , provide City with a certificate
of insurance as proof that Licensee has secured and paid for a
policy of pub] is I ial-)i lity insurance covering all public risks
related to t he, I &HnSe , Use arid ocrNipancy o f t fie cl in m i 13 e C-1
premises . At present , the amounts of such insurance shall be as
follows:
Property Damage , per occurrence S100 ,000 .00
Personal Injury or Death , $500 ,000 .00
per occurrence
Products liability - food poisoning $500,000 .00
with the understanding of and agreement by Licensee that such
insurance amounts shall be revised at City 's option , and Licensee
will so revise such amounts within t h i r t Y ( 30 ) days following
Licensee 's receipt of written notice of such requirements .
The City of Fort Worth shall be named as an additional
:i 1'1 L]r F?d 0 1-1 1.i CeMlrle 'S f nsuraMe p I i c1 as to the demised
premises , including building improvements thereon . All insurance
and insurers for pol it of Mie irvNiranco required herein shall
be acceptable to the City of Fort Worth . Licensee shall require
any and all sublicenseeK to maintain liability insurance at the
limits specified herein for the I Wnsee , and L icensee 'c;
15
insurance shall provide coverage for any and all sub licensees in
the event any suhlicensee fails to have insurance coverage in
effect if an accident arises out of their operations or products .
29 .
Licensee shall COTHICt ail aCtiVitieS C)I I t e� (-I e m i s e d
pre mi ses as an inclepermOK inn-tractor , and not as an officer ,
agent , servant or employee of City ; licensee shall have exclusive
control of and the exclusive right to control the activities
performed on the demised premises , and all persons performing
same , and Wall be respcTisihle for the acts and omissions of its
members , officers , agents , employees , contractors ,
subcontractors , licensees and inviltees ; that the doctrine of
responcleat superior shall not apply as between City and Licensee ,
its members , officers , agents , servants , employees , contractors ,
subcontractors , licensees and invitees ; and nothing herein shall
be construed as cr r i i t i ri g a pmrtnership or jo i nt Hnt erpr i se
between City and Licensee .
30 .
Licensee shall have the righL to erect signs in nompli Banc
e
with all federal . state and local statutes , ordinances , rules ,
regulations , and specifications , displaying the facilities and
the sponsorship of the activities by the Licensee , subject to the
prior approval of the Park aid Rec-r eat ion Director and the
District Fngineer .
31 .
Licensee shall , at its sole cost and expense and subject to
the prior approval of the Public Works Director and the District
Engineer , have the right to locate recessary utility lines on then
demised Premises and adjacent property that City has the right to
occupy ..
32 ..
Licensee covenants aruJ agryvw3 that it S V13 11 LID VK) act TuDr
make any contract that may create or be the foundation for any
lien upon or interest in then demised premises , and any such
contract or lien attempted to be created shall be void . Should
any purported Tien on the demised premilSeS MY created or f iled by
reason of any act or contract of Licensee , Licensee , at its sole
expense , shall I iquidaLe anL:l LJJ. 3(,'harge same within ten ( 10 ) days
next after notice of filing thereof ; and should Licensee fail to
discharge same , such Failure shall constitute a breach of the
covenant herein .
33 .
Licensee covenants anL-1 ay'rees that in the event of a breach
of any covenant contained herein by Licensee , then and in that
event , City may , at its option declare this agreement forfeited
and terminated as to the balance of the term ..
34 ..
on or before the date of expiration of this license or its
T ancel taL lon by Licensee , LiciennsHr; sholl vacate the demised
I/
premises , remove all property of Licensee therefrom and restore
the premises t u a f 3o A i 1; i on satisfactory to the Parks and
Recreation Director ar& than District Engineer if this license
is revoked by the City . L i ceinnae Ani I I vacate the premises ,
remove said property therefrum , and restore the premises
aforesaid within such time an the District Engineer and the Parks
and Recreation Director of the City of Fort Worth shall
reasonably designate . In either event , if Licensee shall fail or
neglect to remove said property ard so restore the premises , then
said property shall become the property of the United States ,
without compensation t1wrefor and no claim for damages against,
the United States or its officers or agents shall he created by
or made on account thereof ..
35 .
The waiver of City of any default or breach of a term ,
ccwenant or condition of this agreement shall not, he 6�-"emed to bk-"
a waiver of any other breach of that term , covenant or condition
or any other term , covenant or cond i t it)n of this agreement ,
regardless of when the breach occurred .
36 .,
Al I not i ces renvii red hercmWer Mial I be sent to City at the
following address :
Park and Recreation Department
City of Fort Worth
1000 1hrockmorton Street
Fort Worth , Texas 76102
18
All notices to Licensee shall be sent to the following
address :
Fort Worth Soccer Association , Inc ..
.................. ........I.......... .........------------- ............... ..................---..........
.................
Mailing of all notices pursuant to this Section shall he
deemed sufficient if mailed postage prepaid and addressed as
specified above , unless either part;y has been notified in writing
of any change in the other party 's address . All time periods
related to any notice r onvi 1 r unun it s spec i f i ed in this agreement
shall commence either on the date notice is mailed or on the date
notice is received by the party to whom it is sent , depending on
the terms specified in the Section requiring the notice .
27 ..
Subject to the limit rat, iorn contained herein . the covenants ,
c
and agreements made and entered into by the p art: ie,.,
hereto are declared to he for the benefit of and binding upon
their respective successors , representatives and assigns , if any -
230 .
It is agreed that , in the event any covenant , condition or
provision herein contained is held to be invalid by any court of
competent jurisdiction , the invalidity of such covenant ,
condition or provision shall in no way affect any other covenant ,
condition or provision herein contained ; provided , however , that,
the invalidity of any such covenant , condition or provision does
19
not materially prejudice ei1 |/cr Licensee or City in connection
with the rights and obligations contained in the valid covenants ,
conditionu or pruv is! o/m of Lhie agreement
39 .
This license agreement and the relaLionship created hereby
shall be governed by the laws of the State of Texas . Venue For
any action brought to interpret or enforce , or arising out of or
incident to , the terms of this agreement shall be in Tarrant
County , Texas .
IN WITNESS WHEREOF the said parties have hereto set their
hands and seal of office Lo duplicate originals on this
_
day of , 1992 -
CITY OF FORT WORTH FORT WORTH YOUTH SOCCER
4 ASSOCIATION , INC .
tjB��
T ATTEST :
� �,-' ^/7�� ~~ -
/ City seore1ar Corpor�1n 5ucretary
' . .
APPROVED AS TO FORM AND .
LEGALITY :
Contract AUthOrizatiOa
~_-_
210
U . S . A r m X Corps o f Engineers , Department of ArmX , does
hey-ebX consent to and approve the cibovf,, agreement .
U . S . ARMY CORPS OF ENGINEERS ,
DEPARTMENT OF THE ARMY
RZ:
District Engineer
21
STATE OF TEXAS
COUNTY OF TARRANT'
BEFORE ME , the undersigned , a Notary Public in and
for the State of Texas , an this day personally appeared
District Engineer , Corps of
known to me to be the person
wKse name [,s i hed t o the foregoing instrument and
acknowledged to me that the same was the act of the said City of
Fort Worth , and that he execuLed My same as the act of such
Department for the purposes arid con --; ideratlon therein expressed ,
and in the capacity therein stated .
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day
f A .D . , 1992 .
Nlotary Pub I i c in and for T he SL at e of Texas
My Commission Expires :
22
STATE OF TEXAS
COUNTY OF TARRANT �
BEFORE ME , the undersigned , a Notary Public in and
for th f lexas , on t, hio day personally appeared
Assistant City Manager of the
City of Fort Wf�rLh , known 10 me to be the person and officer
whose name is subocribed to the foregoing instrument and
acknowledged to me that the :amo was the act of the said City of
Fort Worth , and the he exeNz/ted Lhxv same was the act of the said
City of Fort Worth , Texas , o municipal corporation , and that he
executed the game as the act of such corporation for the purposes
and consideration therein expressed , and in the capacity therein
stated .
� HAND AND �EAi OF OFFICF thic the day
of ___ , A .D . , 1992 .
�
Notary Public in and for The State of Texas
My Commission Expires :
V.RGINSOM
STATE OF TEXAS
my Cmim. EML SKY 21 109H
`
23
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME , the undersigned , a Notary Public in and
for the State of Texas , on this day personally appeared
PresidwnL o f the Fort Worth
Youth Soccer AssaciaLl ran . Inc . , known to me to be the person and
officer whose name is subscribed to the fnregoing instrument and
acknowledged to me that the same was the act of the said Fort
Worth Youth Soccer Association , Inc . . a HUH—PrOfit corporation ,
duly organized under the laws of the State of Texas , and that he
executed the same as the act Q such corporation for the
purposes and considerations therein expressed , and in the
capacity therein stated .
GIVEr . IDER MY HAND AND SEAL OF OFF I CE t h i s t he day
rl n1 I 1�IL F
a f
A .D . , 1992 .
Notary public A and for Tie State of Texas
ft ALMA JANE kIRKLAND
Nday Ptak My Commission Expires:
STATE OF TEXAS
my commission Expires
Septaffber 4,1 993
24
City of Fotf Wort/4 Texas
May and Council Communication
A e 17 4K9
DATE ------------TR1E_F_r;MC E B NAME PAGE
/92 —
09/08 -13 80SOCCER 1 1 of 1
SUBJECT I LICENSE AGREEMENT WITH FORT WORTH SOCCER ASSOCIATION FOR PECAN VALLEY PARK
SOCCER FIELDS
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a license
agreement with the ..Forg ,, th Soccer AsspgJ"4tion, Inc., for the operation,
maintenance and development of a t----Pe7c�6_6_611-ey Park.
DISCUSSION:
In 1981, 'the City licensed the Southside Optimist Club to develop, maintain and operate
a soccer facility on approximately thirty-two (32) acres of Pecan Valley Park. The
facility has been developed, maintained and operated by the Optimist Club at no expense
to the City during the term of the license agreement. It is located at Lakeside Drive
and the uncontrolled spillway at the Benbrook Lake Reservoir.
The Fort Worth Youth Soccer Association, Inc. , a non-profit corporation, and the
Optimist Clubs are requesting that the City transfer the facility from the Optimists
to Fort Worth Youth Soccer effective August 1, 1992 and enter into a new agreement with
the Fort Worth Soccer Association, Inc. The current agreement between the Optimists
and the City has expired.
The proposed license agreement would be similar to the agreement with the Optimists.
It would be for a period of ten years with optional one-year extensions thereafter, and
could be canceled on thirty days notice by either party. It would be a third party
license subordinate to City Secretary Contract No. 4708 between the City and the U.S.
Army Corp of Engineers, which is a fifty-year agreement executed in 1962. The soccer
fields would be available to other groups as scheduled by Fort Worth Youth Soccer. All
fees and charges, including those for any concession items, would be subject to
approval by the Park and Recreation Director and the Corp of Engineers.
At its regularly scheduled meeting on June 16, 1992, the Park and Recreation Advisory
Board voted to recommend to the City Council that the City enter into a license
agreement with the For Worth Youth Soccer Association, Inc. , for the operation,
maintenance and development of the soccer facility at Pecan Valley Park.
FISCAL INFORMATION/CERTIFICATION®
The Director of Fiscal Services certifies that no funding is required to enter into
this license agreement.
IW;z
Submitted for City Manager's FUND I ACCOUNT I CENTER AMOUNT CITY SECRETARY
Office gd APPROVED
Libby Watson 6140 01TI( Cro!,J,�, JCIL
Originating Department Head®
SEP 5 q
Richard Zavala, Jr. 8700 _Tf_r_o_mT_
.............
For Additional Information
Contact:
Richard Zavala, Jr. 8700
Printed an recyded paper