HomeMy WebLinkAboutContract 46314-A1 FIRST RENEWAL AND FIRST AMENDMENT OF
CITY SECRETARY CONTRACT NO. 46314,A LICENSE AGREEMENT
BETWEEN BALLET FOLKLORICO DE FORT WORTH, INC.
AND THE CITY OF FORT WORTH
THIS FIRST RENEWAL AND FIRST AMENDMENT OF CITY SECRETARY
CONTRACT NUMBER 46314 ("First Renewal and First Amendment") is made and entered into by and
between the City of Fort Worth, Texas, a home-rule municipal corporation of the State of Texas ("City"),
acting by and through its duly authorized Assistant City Manager, and the Ballet Folklorico de Fort
Worth, Inc. ("Licensee") a Texas corporation, acting by and through its duly authorized representative.
WHEREAS, the City owns and operates R.D. Evans Recreation Center, which is located at 3432
Lackland Road, Fort Worth,Texas("Center");
WHEREAS, the City and Licensee entered into a license agreement to permit the Licensee the
use of the Center to provide dance lesson and practice to people of all ages in support of Licensee's
mission, the same being City Secretary Contract("CSC")Number 46314 ("License");
WHEREAS, the primary term of the License is for a period of one year and includes five
successive one year renewal terms;
WHEREAS, the parties desire to continue this relationship by exercising the first one-year
renewal term;
WHEREAS, the License Fee for this first renewal term will be the same as the primary term;
however,the parties have agreed to revise the payment schedule for the License Fee;
WHEREAS, instead of the License Fee being due the month of the Licensee's use of the
Licensed Premises, the monthly License Fee will now be due to the City on or before the fifteenth
calendar day of the month prior to the month in which Licensee will occupy the Licensed Premises;
WHEREAS, the City and Licensee also wish to amend the License ensure that all Program
Participants are properly accounted for during each Program and that each has a Center membership; and
NOW, THEREFORE, in consideration of$1.00 and other good valuable consideration as set
forth herein, the sufficiency of which is hereby acknowledged, the City and Licensee agree to renew,
extend, and amend the License as follows:
I.
RENEWAL
1. The City and Licensee hereby agree to renew and extend the License for one year,
effective beginning on October 1, 2015 and ending on September 30, 2016 ("First Renewal Term").
11.
AMENDMENTS
1. Section 4.3 of the License is hereby amended in its entirety to read as follows:
"4.3 All payments of the License Fee during the First Renewal Term and
any remaining Renewal Terms shall be made with respect to each calendar
First Renewal and First Amendment to CSC 3631 4 OFFICIAL RECORD I of 5
CITY SECRETARY
FT.WORTH,TX
month that this License is in effect no later than the fifteenth (15`h) calendar
day of the month prior to the month in which Licensee will occupy the
Licensed Premises, including the last payment to be made at either
termination or expiration of this License. By way of example only, the
License Fee for use of the Licensed Premises during February of 2016 shall be
due to the City on or before January 15, 2016. The City may terminate this
License for cause in the event that Licensee fails to pay the License Fee in a
timely manner. In such event, City shall give Licensee written notice of
Licensee's failure to pay in a timely manner, giving Licensee ten (10)
calendar days from the date written notice is sent to Licensee to come into
compliance with the License. The parties may agree in writing to extend the
deadline for payment of any individual License Fee. No other notice on the
part of the City shall be required to effectuate a termination under this Section
4."
2. Section 5.1.2 of the License is hereby amended in its entirety to read as follows:
"5.1.2 On or before the 1"business day of each month of this License, Licensee
shall provide a list of all Program Participants to the Director on the form set
forth in Exhibit B, which is attached hereto and incorporated herein by reference,
and ensure that each Program Participant and instructor of any Program has a
current membership to the Center. The City will provide the attached Program
Participant list form to the Licensee. Licensee shall be responsible for instructing
any such Program Participant or instructor without a Center membership to
secure one prior to attending any Programs in the Licensed Premises. Any
participants and instructors that have a membership to the Center prior to
enrolling in any of Licensee's Programs shall maintain the membership card in
good standing for the duration of such Program. The City reserves the right to
refuse admission of any Program Participant that does not have an active
membership to the Center."
III.
MISCELLANEOUS
1. Effective October 1, 2015,the Fort Worth City Council revised the name of the Parks and
Community Services Department to the Park and Recreation Department. Any reference to the Parks and
Community Services Department in the License Agreement shall hereinafter mean and include the new
Park and Recreation Department.
2. All terms of this First Renewal and First Amendment that are capitalized but not defined
shall have the meanings assigned to them in the License.
3. All terms and conditions of the License that are not expressly amended pursuant to the
First Renewal and First Amendment shall remain in full force and effect.
IN WITNESS WHEREOF the parties have executed this First Renewal and First Amendment in
Fort Worth,Tarrant County, Texas to be effective on October 1, 2015.
First Renewal and First Amendment to CSC 46314 2 of 5
CITY OF FORT WORTH BALLET FOLKLORICO de
FORT WORTH, INC.
1
By. _ BY 01--
SU n Alanis Carmen Garcia
Assistant City Manager Executive Director
APPROVED AS TO
�^JOIUA AND LEGALITY:
Tyler"allach
Assis ant City Attorney
f, F F OPS° ";,_
ATTEST: POO
° °® .
~�
Mary J. Tr �� o
City Secretary°°°o�°a'°°
Authorization: XA
No M&C Required
LOFFICIALD-
SECRT
First Renewal and First Amendment to CSC 46314 CORD
3 of5
EXHIBIT B
Ballet Folklorico
Class List
Please complete this fume and Submit to the RD F;Nans Conununit. Center supervisor as your
numthh participant listing fbr Vour Ballct Fulkkrrico class by the I"business dad ofeach month.
Please catsure all infrnn:rtion is valid as this intimuation will he used to t.erifl Ce
11tef
memberships. Program Participants are required to obtain it Center membership in order to
participate in the Ballet Folklor•ico program at the Center.Center %lemherships must be acquired
prior to participation in the Ballet Fulklorico program. Completed limens can be emailed directh
to or ma\ be given directlY to the Director by anv means
that the Director deems necessar'
Month:
Participant Name Participant Name:
Address, ! P.! Address: 1 '. ! • ••
City/State/Zip: City/State/Zip: �� •�nr<
Phone: VIPhone:
Email: Email:
Member ID ii: Member ID p:
Participant Name: Participant Name:
Address:• .: r 1 Address
City/State/Zip: o: City/State/Zip:
Phone; Phone:
Email: Email:
Member 1D ti: Member ID p:
First Renewal and First Amendment to CSC 46314 4o(5
Participant Name: c. Participant Name:
Address: 1;6 i - + Address:
City/State/Zip: City/State/Zip:
Phone: Phone:
Email: !,,.•,..•t�; Email:
Member ID#:; Member ID#:
Participant Name: r Participant Name: 11,:,
Address: ..b.i,.:.; ,,, Address: � .....; t,.,=..
City/State/Zip: c City/State/Zip: c -
Phone: _ Phone:
Email: 1v +-,v t; Email: ,Ir hr-,-,
Member ID#:CI�I Member ID#: , 'r •+
Participant Name: Participant Name:
Address: . ' i. Address: ,
City/State/Zip: City/State/Zip:
Phone: : Phone:
Email: ;,.,,.t Email: .
Member ID#: !,- Member ID#: t
First Renewal and First Amendment to CSC 46314 5 of 5