Ordinance No. 11,583ORDINANCI.,, NO, 11,583
AN Cpl' VANANCE OF Till! CITY CCXTNCIL OF Till! C1TY()FBAYT0WN, TEXAS,
AU"ITIORIZING AFH) DIRECTING TIff", CITY MANAGI",K TO F',XECIFIT, AND
THL,. CITY (1ERK TO ATTEST TO A LJCENSI': AGRJ`I_-AlI,*,NT WITH
FRIF,NDS OFTJIl BAY"I'OWN NATURI.i CENTER FOR A COMMUNYTY GARDE�N
AT THE KIT,' PARK PROPF�'�RTY ON `I'F',XAS A%1ENIJI_-,; AL)THORIZIN(
PAYMENT i3y rift,. an, OF BAYTOWN IN AN AMOLWY NOT TO FXCEED
ONE' TIJOUSAND AND NO/100 D0L1j%RS ($1,000.00); MAKING 0111ER
PROVISK)NS IWLATED UIERFro; AND PROVIDING F*OR Till', F`,J1`F-,CTIVI:,
DATE THEREOF,
BFI IT(awRDAINED 13Y T'I IF. CITYCOUNCII, OF"THE, ('1TY OF13A)ITOWN, J'FXAS:
Section 1: 1% Me City Council of the Clty offlaytown, Texas, hereby authorizes and
direct:, the City NAmmiger to execute and the City Clerk toatrest to as licenseagreeinent with tile Friends of
tile Baytown Nature Clew for as cotininnnity aden at Me RTC lark pi-operly onTexas Avenuc. A cop),
art" the agreement is intached herew, maRed Exhibit "A," and made as part hereof for all intents and
purposes.
Section 2: 'I'liat flie City Council of Me Cly of Baytown authodzes paynient in thahemnee
of the coTtiniunity ganlen in an arnotint not to exceed ONE THOUSAND AND NO/100 W)LI-ARS
(S I M001M) in accordance with the agreement authorized in Section I hereinabove.
Se0ion 3: Timl Me City Managwis hereby gmnwd getieral authority to approve vi decrease
orm increase in costs lay 'rWENTY41VE THOUSAND AND N(000 DOLLARS ($25,000.00) or less,
provWed that the amowU authmized ill Section 2 hereof trip, not be increased by inot-c than lwrn,-Hve
percent (2514).
Section T Wris ordinance shall take effect inlmediately 1rom and after its passage by the
C,ity C'mincil of the City of Baytown.
YNTRODUCI), REA [land PASSED by die affinumNe vmc rve city councilofmccoyor
Haytown, this the 24"' day ofFebruarY, 2011 , "I
I 1F9TI7D0NCARI,(.)S, Mayor
I 4(W Xn(60) No Y
R lAmn tdo (" ) VbwwO MuminAW I I Mum) 21 Comm Hm, 6w &A jadllnmce W,�
Exhibit "A"
LICENSE AGREEMENT
STATE OF TEXAS
COUNTY OF HARRIS
This License Agreement (this "Agreement ") is made and entered into this _ day of
, 2011, by and between the CITY OF BAYTOWN, a home -rule municipality in Harris
and Chambers Counties, Texas, (hereinafter referred to as "City ") and FRIENDS OF THE BAYTOWN
NATURE CENTER, INC., a Texas non - profit corporation (hereafter referred to as "FBNC ").
WITNESSETH:
In consideration of the mutual covenants, payments, responsibilities and duties herein contained,
the City and FBNC agree as follows:
PROPERTY.
The City hereby grants to FBNC for FBNC's nonexclusive use certain portions of the real property
known as the RTC Property located adjacent to W. Texas Avenue in Baytown, Harris County,
Texas ( "Property A "), and the exclusive use of other portions of such property ( "Property B ").
Property A and Property B are more particularly depicted in Exhibit "A," which is attached hereto
and incorporated herein for all intents and purposes, and are collectively referred to as "Property"
in this Agreement.
2. USE.
2.1 FBNC shall use the Property only for a community garden, which shall be available to the
citizens of Baytown who desire to participate in the program established by FBNC and
approved in writing by the City. The program shall not thereafter be changed unless
approved in writing by the City. The program shall be designed to improve the quality of
life for the citizens of Baytown and to help educate adults and children about good
nutrition and ecology and to provide organic food.
2.2 Any use of the Property not specified herein must be approved in writing by the City
Manager prior to such use. Failure to obtain such approval shall constitute an Event of
Default.
2.3 Any expansion or modification, other than routine maintenance, of the Property must be
approved in advance by the Parks and Recreation Advisory Board and the City Council in
writing. Any such expansion or modification shall become the property of the City upon
completion of the same and acceptance by the City Manager; however, FBNC shall have
the obligation to maintain the same throughout the term of this Agreement.
2.4 The City reserves the right to require FBNC to relocate its facilities for any reason at any
time. FBNC shall complete any relocation of its facilities within sixty (60) days after
written notice from the City. The relocation shall be at FBNC's sole cost and expense. At
no time shall the City be liable for such costs.
License Agreement, Page 1
2.4.1 Failure to timely relocate the facilities shall constitute an Event of Default.
2.4.2 Additionally, the City shall have the right to remove those facilities not timely
removed by FBNC and assess the costs of the same plus an administrative fee of
10% of such cost to FBNC. FBNC shall pay the costs and the fee within sixty (60)
days of receiving an invoice therefor. Failure to timely pay the invoiced amount
shall constitute an Event of Default.
2.5 All signage on the Property concerning the community garden must be approved in
advance in writing by the City Manager. No other signs shall be allowed.
2.6 FBNC shall use a standard form of gardener's agreement for all those desiring to
participate in the community garden program, which agreement must be approved in
advance by the City and must contain an indemnity/release of liability adequate to protect
the City from FBNC's community garden program as determined by the City Attorney.
3. TERM.
The term of this Agreement will be for one (1) year, and will commence upon the date of full
execution of this Agreement by the City Manager (hereafter referred to as "Commencement Date ")
and will terminate one year thereafter, unless sooner terminated as provided in this Agreement.
4. CONSIDERATION.
4.1 From and after the Commencement Date, FBNC shall be responsible for year -round
maintenance of Property B, including, but not limited to:
4.1.1 watering, mowing and trimming of Property B; and
4.1.2 maintaining all improvements, including lighting and fencing, which shall meet all
applicable codes of the City.
4.2 In further consideration for the privilege of use of the Property during the term of this
Agreement, FBNC will be solely responsible for the inspection and maintenance of the
Property B. FBNC will notify the Director of Parks and Recreation of any existing or
developing hazardous or dangerous condition on the Property, and FBNC shall remedy
such condition with regard to Property B within forty -eight (48) hours of finding such a
condition and shall take all necessary precautions to ensure the public will not be injured
thereby.
4.3 The City reserves the right to remove, remedy or otherwise abate any condition on the
Property, which the City believes, in the sole discretion of the City Manager, is a safety
hazard or a nuisance. Additionally, the City may require FBNC to remove, remedy or
otherwise abate any such condition on Property B within forty -eight (48) hours. The
removal, remedy and/or abatement concerning Property B shall be at FBNC's sole cost and
expense. At no time shall the City be liable for such costs.
License Agreement, Page 2
4.3.1 Failure of FBNC to remove, remedy or abate the condition identified shall
constitute an Event of Default.
4.3.2 Should the City remove, remedy or abate a hazardous or nuisance condition, FBNC
shall be responsible for all costs thereof plus an administrative fee of 10% of such
cost.
4.3.3 FBNC shall pay the costs and the fee within thirty (30) days of receiving an invoice
therefor. Failure to timely pay the invoiced amount shall constitute an Event of
Default.
4.4 In consideration for the privilege of use of the Property, FBNC specifically assumes any
and all liability that may arise due to any site or property defects or other defects arising out
of or relating to the Property. FBNC accepts the Property as is, in the condition in
which it is found. The City hereby disclaims, and FBNC hereby accepts the City's
disclaimer, of any warranty, express or implied, of the conditions or fitness for use of
any portions of the Property, including, but not limited to, use of the Property for a
community garden or for uses incidental thereto.
4.5 The City agrees to pay for a meter and meter box together with the installation of the same
at the tap currently located on the Property. Additionally, the City will pay for up to the
minimum monthly charge for metered irrigation service pursuant to Section 98 -59 of the
Code of Ordinances, Baytown, Texas. Water usage in excess of such amount and all other
utilities, including their installation, operation and maintenance shall be borne by FBNC.
5. STANDARDS.
5.1 FBNC may only use the Property for the purposes specified in Section 2 hereof.
5.2 FBNC's use of the Property shall not interfere with other permitted uses of the Property by
the City or others at any time during the term of this agreement. However, this section
shall have no application to Property B.
5.3 Landscaping on the Property will be provided by FBNC and maintained by FBNC as
directed by the City's Director of Parks and Recreation.
5.4 FBNC shall, at its expense, comply with all present and future federal, state, and local
laws, ordinances, rules and regulations, including without limitation, laws and ordinances
relating to health, and other radiation and safety requirements in connection with the
Property.
5.5 FBNC will maintain Property in a sanitary, safe and clean condition. FBNC also agrees to
clean all areas on the Property if and when the use of the Property results in or creates the
need for such cleaning. FBNC further agrees and covenants that the Property and any and
License Agreement, Page 3
all improvements or removal of property shall at all times be subject to inspection by the
City. However, the City has no duty to inspect the Property.
5.6 FBNC will be solely responsible for and promptly pay all charges for electricity, and
telephone service, and any other utility used or consumed by FBNC other than that which
is paid by the City as specified in Section 4.5. Should a phone be installed at the Property,
FBNC shall provide the phone number to the City Manager.
5.7 Any construction authorized by the Parks and Recreation Advisory Board and the City
Council pursuant to this Agreement shall be done according to plans developed by a
professional architect or engineer approved by the City if such construction requires a new
construction permit to be issued by the City or otherwise falls within the ambit of the
practice of architecture or engineering as determined by the City Manager. Any damage
done to the Property during installation and/or during operations shall be repaired or
replaced within five (5) days at FBNC's expense and to the City's sole satisfaction.
5.7.1 Prior to any such construction on the Property, FBNC will provide plans depicting
all construction to the City. FBNC shall provide the City with as -built drawings of
any improvement made to the Property, showing the actual location of the same.
5.7.2 FBNC may update or replace the improvements on the Property from time to time
with the prior written approval of the Director of Parks and Recreation.
5.8 Storage of any equipment or items will be with written approval of the Director of Parks
and Recreation. FBNC will be fully responsible for loss or damage.
5.9 All garbage, rubbish and trash shall be hauled away from Property B in compliance with all
applicable laws, codes and ordinances.
5.10 At all times during the term hereof, FBNC shall provide a current set of keys for all locks
to lights, gates, and storage buildings on the premises, and will provide the Director of the
Parks and Recreation Department with any updates thereof.
5.11 All gates, doors and any security devices on that portion of the Property of which FBNC
has non - exclusive use shall be left in an open state, unless otherwise directed by the City.
All gates, doors and any security devices on that portion of the Property of which FBNC
has exclusive use shall not be left in an open, unattended state, unless otherwise directed by
the City, provided FBNC has tendered keys to any such gate, door and /or security device.
5.12 FBNC shall be responsible for the safety and protection of all participants of the
community garden program as well as others on the Property.
5.13 FBNC will provide the City a contact listing of FBNC's officers and /or board of director's
to include a contact name, phone number and address prior to any use of the Property.
6. MAINTENANCE & ACCESS.
License Agreement, Page 4
6.1 FBNC shall, at its own expense, maintain all improvements on or attached to the Property
in a safe condition, in good repair and in a manner suitable to the City so as not to conflict
with other uses of the Property authorized by the City.
6.2 FBNC shall have sole responsibility for the maintenance, repair, and security of the
Property, improvements thereon and any equipment authorized to be stored thereon in
writing by the Director of Parks and Recreation and shall keep the same in good repair and
condition during the term of this Agreement.
6.3 FBNC shall keep the Property free of debris and anything of a dangerous, noxious or
offensive nature or which would create a hazard or undue vibration, heat, noise or
interference.
COMPLIANCE WITH STATUTES, REGULATIONS AND APPROVALS.
FBNC's use of the Property is contingent upon its maintaining the Property B in the manner
described herein so as to meet all applicable statutes, regulations, rules and ordinances.
8. TERMINATION OR EXPIRATION.
8.1 FBNC shall pay the City a late payment charge equal to five percent (5 %) for any payment
not paid when due. Interest on delinquent payments shall be accrued at one percent (1 %)
per month until paid. It shall be a default if FBNC fails to pay any sums to the City when
due, and does not cure such default within ten (10) days; or if FBNC fails in the
performance of any other covenant or condition of this Agreement and does not cure such
other default within thirty (30) days after written notice from the City specifying the default
complained of; or if FBNC abandons or vacates the Property; or if FBNC is adjudicated
bankrupt or makes any assignment for the benefit of creditors; or if FBNC becomes
insolvent or FBNC reasonably believes itself to be insolvent; or if FBNC attempts to assign
or transfer this Agreement in whole or in part, or any interest in this Agreement or any
rights under this Agreement without the prior written consent of the City, which consent
may be withheld for any reason or no reason; of if an Event of Default occurs; or if FBNC
fails to comply with any provision in this Agreement.
8.2 In the event of a default, the City shall have the right, at its option, in addition to and not
exclusive of any other remedies the City may have by operation of the law or in accordance
with this Agreement, without any further demand or notice, to eject all persons and
equipment and removable items from the Property not desired by the City, and declare this
Agreement at an end, and in which event FBNC shall immediately pay the City a sum of
money equal to any amount necessary to compensate City for all damages caused by
FBNC's failure to perform its obligations under this Agreement, including attorneys fees to
enforce the terms and conditions of this Agreement. All equipment and removable
property shall be deemed abandoned if not removed prior to the termination date and the
City may use or dispose of the same at its discretion without liability.
License Agreement, Page 5
8.3 This Agreement may be terminated by the City if the City decides, in its sole discretion and
for any reason, to redevelop the Property and /or sell the Property. The City will give notice
to the extent possible, but no less than sixty (60) days' notice to FBNC will be provided
unless an emergency condition exists as determined in the sole discretion of the City
Manager.
8.4 Upon termination or expiration of this Agreement for any reason, FBNC shall remove its
equipment and, personalty from the Property on or before the termination or expiration
date, and shall repair to the satisfaction of the City any damage to the Property caused by
such equipment, all at FBNC's sole cost and expense. In the event that FBNC's equipment
are not so removed to the satisfaction of the City, any such property or facilities shall
become the property of the City and FBNC shall have no further rights thereto.
Additionally, if FBNC fails to remove equipment from the Property, the City may do so at
FBNC's sole cost and expense. The City shall not be liable for the removal or for any
damage to the equipment which may be caused by such removal. Furthermore, any and all
damage to the Property, whether caused by removal or by FBNC's use of the Property shall
be at FBNC's sole cost and expense and the City shall not be liable for the same.
9. INDEMNIFICATION, RELEASE, AND INSURANCE.
9.1 Disclaimer of Liability.
The City shall not at any time be liable for injury or damage occurring to any person or
property from any cause whatsoever arising out of FBNC's construction, maintenance,
repair, use, operation, condition of the Property and /or any improvements thereon.
9.2 Assumption of Risk.
FBNC undertakes and assumes for its officers, agents, contractors and subcontractors,
employees, participants and volunteers (collectively "FBNC ") for the purpose of this
section), all risk of dangerous conditions whether patent or latent, obvious or
undiscoverable, and regardless of whether the City should have known of such dangerous
conditions, if any, on or about the Property.
9.3 No Liens.
FBNC agrees that no claim or lien may be filed against the City's property for work, labor,
materials or supplies provided or supplied to FBNC (as defined in 10.2), concerning the
installation, construction, operation, maintenance or use of the Property or the
improvements thereon. Should such claim or lien be filed, FBNC, upon the written request
of the City, shall cause such claim or lien covering the City's property to be discharged or
bonded within thirty (30) days following such request to the satisfaction of the City
Manager.
9.4 Contractors.
FBNC shall require of each and every one of its contractors and their subcontractors to
carry in full force and effect insurance coverages of the type and limits as required
hereinbelow should construction or other similar work be performed on the Property.
License Agreement, Page 6
9.4.1 Coverages and Limits.
During the term of the Agreement, FBNC's contractors and subcontractors shall
maintain or cause to be maintained, in full force and effect and at its sole cost and
expense, the following types and limits of insurance:
a. Commercial General Liability (CGL)
General Aggregate: $1,000,000
Per Occurrence: $500,000
Fire Damage: $50,000
a. Coverage shall be at least as broad as ISO CG 00 01 10 93
b. No coverage shall be excluded from standard policy without
notification of individual exclusions being attached for
review and acceptance.
b. Business Automobile Policy (BAP)
Combined Single Limits: $1,000,000
Coverage for "Any Auto."
C. Workers' Compensation: Statutory Limits
Employer's Liability: $500,000
a. Waiver of Subrogation required
9.4.2 Insurance Certificates
Prior to any work being performed, FBNC and /or its contractors or subcontractors
shall file with the City valid Certificates of Insurance and endorsements acceptable
to the City.
9.4.3 Notice of Cancellation.
The certificates of insurance tendered pursuant to this Section 9 shall contain a
provision that coverage afforded under the policies will not be canceled,
suspended, voided, or reduced until at least thirty (30) days' prior written notice
has been given to the City via certified mail, return receipt requested.
9.4.4 General Requirements Applicable to All Policies.
a. AM Best Rating of A; V11 or better.
b. Insurance carriers licensed and admitted to do business in State of Texas
will be accepted.
C. Liability policies will be on occurrence form.
d. The City, its officials, agents, and employees are to be added as Additional
Insured to liability policies.
License Agreement, Page 7
e. Upon request of and without cost to City of Baytown, certified copies of all
insurance policies and/or certificates of insurance shall be furnished to City
of Baytown's representative. Certificates of insurance showing evidence of
insurance coverage shall be provided to City of Baytown's representative
prior to any work being performed at the site.
f. Upon request of and without cost to City of Baytown, loss runs (claims
listing) of any and /or all insurance coverage shall be furnished to City of
Baytown's representative.
9.5 INDEMNIFICATION.
FBNC AGREES TO AND SHALL INDEMNIFY, HOLD
HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS AND EMPLOYEES FROM AND AGAINST ANY
AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF
ACTION, SUITS, AND LIABILITY OF EVERY KIND,
INCLUDING ALL EXPENSES OF LITIGATION, COURT
COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR
DEATH OF ANY PERSON, OR FOR DAMAGE TO ANY
PROPERTY, ARISING OUT OF OR IN CONNECTION
WITH WORK DONE AND /OR THE SERVICES
PERFORMED BY FBNC PURSUANT TO THIS
AGREEMENT, THE CONDUCT OR MANAGEMENT OF
FBNC'S ACTIVITIES, OR FROM ANY ACT OR OMISSION
BY FBNC, ITS AGENTS, SERVANTS, EMPLOYEES,
SUBCONTRACTORS, GUESTS, OR INVITEES, ON OR
ABOUT THE PROPERTY SUBJECT TO THIS
AGREEMENT, WHERE SUCH INJURIES, DEATH OR
DAMAGES ARE CAUSED BY (I) THE JOINT NEGLIGENCE
OF THE CITY AND ANY OTHER PERSON OR ENTITY
AND /OR (II) THE SOLE OR JOINT NEGLIGENCE OF
FBNC, ITS OFFICERS, AGENTS, CONTRACTORS,
EMPLOYEES, INVITEES AND /OR GUESTS. IT IS THE
EXPRESSED INTENTION OF THE PARTIES HERETO,
BOTH FBNC AND THE CITY, THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY
FBNC TO INDEMNIFY AND PROTECT THE CITY FROM
THE CONSEQUENCES OF (I) THE CITY'S OWN
NEGLIGENCE, WHERE THAT NEGLIGENCE IS A
CONCURRING CAUSE OF THE RESULTING INJURY,
License Agreement, Page 8
DEATH OR DAMAGE AND /OR THE (II) THE
NEGLIGENCE OF FBNC, ITS OFFICERS, AGENTS,
EMPLOYEES INVITEES AND /OR GUESTS.
FURTHERMORE, THE INDEMNITY PROVIDED FOR IN
THIS PARAGRAPH SHALL HAVE NO APPLICATION TO
THE CITY FOR ANY CLAIM, LOSS, DAMAGE, CAUSE OF
ACTION, SUIT AND LIABILITY WHERE THE INJURY,
DEATH OR DAMAGE RESULTS FROM THE SOLE
NEGLIGENCE OF THE CITY, UNMIXED WITH THE
FAULT OF ANY OTHER PERSON OR ENTITY.
In the event that any action or proceeding is brought against the City by reason of any
matter which the City is indemnified herein, FBNC further agrees and covenants to defend
the action or proceeding by legal counsel acceptable to the City. It is expressly agreed and
understood by the parties hereto that the indemnity provided in this section shall survive
the expiration or earlier termination of this Agreement.
9.6 RELEASE. FBNC assumes full responsibility for any work that it or its officers,
contractors, agents or volunteers performs on the Property as well as for the use of the
Property and hereby releases, relinquishes and discharges the City, its officers, agents, and
employees from all claims, demands, and causes of action of every kind and character,
including the cost of defense thereof, for any injury to or death of any person (whether they
be either of the parties hereto, their employees, or other third parties) and any loss of or
damage to property (whether the property be that of either of the parties hereto, their
employees, or other third parties) that is caused by or alleged to be caused by, arising out
of, or in connection with this Agreement. This release shall apply regardless of whether
said claims, demands, and causes of action are covered in whole or in part by insurance.
9.7 INSURANCE. Throughout the term of this Agreement, FBNC shall maintain insurance
coverage of the type and amount hereinafter indicated. FBNC shall provide to the
Direction of Parks and Recreation an insurance certificate evidencing the following
coverage in the minimum limit indicated hereinbelow:
a. General Liability (GL)
General Aggregate: $1,000,000
a. The City, its officials and employees are to be added as
Additional Insured to this general liability policy.
10. ACCEPTANCE OF PROPERTY.
By taking possession of the Property, FBNC accepts the Property in the condition existing as of the
Commencement Date. The City makes no representation of warranty with respect to the condition
of the Property and the City shall not be liable for any latent or patent defect in the Property.
License Agreement Page 9
1 I. NOTICE. All notices or demands are deemed to have been given or made when delivered in
person or mailed by certified, registered, or express mail, return receipt requested, postage prepaid,
United States mail, and addressed to the applicable party as follows:
CITY: City of Baytown
Attention: City Manager
P.O. Box 424
Baytown, TX 77522
FBNC: Friends of the Baytown Nature Center, Inc.
Attention: President
P.O. Box 8177
Baytown, TX 77522 -8177
12. CONSTRUCTION.
Both parties have participated fully in the review and revision of this Agreement. Any rule of
construction to the effect that ambiguities are to be resolved against the drafting party shall not
apply to the interpretation of this Agreement.
13. ASSIGNMENT.
Nothing in this Agreement shall preclude the City from entering into other Agreements for others
to use that portion of the Property of which FBNC has non - exclusive use. FBNC shall continue to
have the obligation to maintain Property B, unless the City relieves FBNC of such obligation for a
certain period of time in writing. Absent such written documentation, FBNC shall maintain all
portions of Property B.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding upon and inure to the benefit of the parties, their respective
successors, personal representatives and assigns.
15. MISCELLANEOUS.
15.1 The City and FBNC represent that each, respectively, has full right, power, and authority to
execute this Agreement.
15.2 This Agreement constitutes the entire agreement and understanding of the parties and
supersedes all offers, negotiations, and other agreements of any kind. There are no
representations or understandings of any kind not set forth herein. Any modification of or
amendment to this Agreement must be in writing and executed by both parties.
15.3 This Agreement does not establish any real property rights, franchises or other rights
whatsoever in real estate to FBNC. This Agreement provides limited rights to use and
limited rights for access to facilities subject to revocation upon the terms and conditions of
this Agreement.
License Agreement, Page 10
15.4 This Agreement and the performance hereof shall be governed, interpreted, construed and
regulated by the laws of the State of Texas. Any litigation concerning this Agreement shall
be conducted in Harris County, Texas, and the parties hereby agree to the venue and
personal jurisdiction of these courts.
15.5 The City reserves the right to enter upon and have access to any portion of the Property at
any and all times on any matters.
15.6 One or more instances of forbearance by the City in the exercise of its rights herein shall in
no way constitute a waiver thereof.
15.7 By this Agreement, the City does not consent to litigation or suit, and the City hereby
expressly revokes any consent to litigation that it may have granted by the terms of this
Contract or any other contract or agreement, any charter, or applicable state law. Nothing
herein shall be construed so as to limit or waive the City's sovereign immunity.
15.8 No right or remedy granted herein or reserved to the City is exclusive of any other right or
remedy herein by law or equity provided or permitted, but each shall be cumulative of
every other right or remedy given hereunder. No covenant or condition of this Agreement
may be waived without consent of the City. Forbearance or indulgence by the City shall
not constitute a waiver of any covenant or condition to be performed pursuant to this
Agreement.
15.9 This Agreement is entered into subject to the Charter and ordinances of the City, as they
may be amended from time to time, and is subject to and is to be construed, governed and
enforced under all applicable State of Texas and Federal laws.
15.10 If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants
or conditions of this Agreement are for any reason held to be invalid, void or
unenforceable, the remainder of the terms, sections, subsections, sentences, clauses,
phrases, provisions, covenants or conditions of this Agreement shall remain in full force
and effect and shall in no way be affected, impaired or invalidated.
15.11 This Agreement shall not bestow any rights upon any third party, but rather, shall bind and
benefit FBNC and the City only.
15.12 The article and section headings are used in this Agreement for convenience and reference
purposes only and are not intended to define, limit or describe the scope or intent of any
provision of this Agreement and shall have no meaning or effect upon its interpretation
EXECUTED on the date first written above.
License Agreement, Page I I
FRIENDS OF THE BAYTOWN NATURE CENTER,
INC.
BY I' 4W
WILLIAM B. BARNETT, President
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, ON [yam 6. Narncff , the undersigned notary public, on this
day personally appeared William B. Barnett, the President of Friends of the Baytown Nature Center, Inc.,
known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to
me that he executed the same with full authority and for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me
CHRISTINE SANDLIN
?! ;tea Notary Public. State o} Texas
{;; MNov mbar 08, 2014 s
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
RNcaren\Files\Contmcts tConununity Garden\licam.doc
License Asreement, Page 12
Notary Public in and for 4 State of Texas
CITY OF BAYTOWN, TEXAS
RIN
ROBERT D. LEIPER, City Manager