HomeMy WebLinkAboutContract 31502-A2 CITY SECRETARY
CONTRACT 1O. A I S0 -A.1
SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 31502,
A LICENSE AGREEMENT WITH FORT WORTH GARDEN CLUB
THIS SECOND AMENDMENT OF CITY SECRETARY CONTRACT NUMBER 31502,
as amended, ("Second 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 Fort Worth Garden Club, a legally constituted non-profit
entity("FWGC"),acting by and through its duly authorized President.
WHEREAS, the City owns a certain piece of property known as the Fort Worth Botanic
Garden located at 3220 Botanic Garden Boulevard,Fort Worth,Texas 76107("Botanic Garden');
WHEREAS,on March 17,2005,the City and the FWGC entered into a license agreement with
the stated purpose of providing the best practicable atmosphere and operation of the Botanic Garden for
the benefit of the public while preserving the non-commercial atmosphere of the Botanic Garden, the
same being City Secretary Contract("CSC")Number 31502;
WHEREAS, on February 11,2014,the City and the FWGC amended CSC No. 31502 to allow
the FWGC to perform alterations and restorations to the Rose Garden Colonnade and Oval Rose
Garden,the same being CSC No. 31502-A1 (CSC Nos. 31502 and 31502-A1 are collectively referred to
as the"Agreement');
WHEREAS, the total project cost for the above-stated alterations and restorations is
approximately$276,000.00;
WHEREAS, the City recognizes the importance of these improvements to the long-term
sustainability of the Botanic Garden and desires to contribute$27,500.00 towards the total project cost;
WHEREAS,the FWGC will cover the remaining estimated project costs of$248,500.00;
WHEREAS, both parties wish to amend the Agreement to memorialize the above-stated cost
allocation;and
NOW, THEREFORE, the City and FWGC, in consideration of the mutual covenants and
agreements contained herein, do mutually agree that CSC No.31502, as previously amended by CSC
No. 31502-A1,is further amended as follows:
I.
Section 8 of the Agreement titled, "FACILITIES AND IMPROVEMENTS," is further amended to add
Subsection 8.07,which shall read as follows:
"The parties acknowledge that the FWGC wishes to provide for certain alterations
and/or restorations to the Rose Garden Colonnade and Oval Rose Garden at the Botanic
Garden pursuant to the terms of the Agreement. The total project cost for such
alterations and restorations is approximately Two Hundred Seventy-Six Thousand
Dollars and No Cents ($276,000.00). The City agrees to provide a one-time financial
contribution in the amount of Twenty-Seven Thousand Five Hundred Dollars and No
Cents ($27,500.00) towards the total project costs, with the FWGC contributing the
remaining project amounts, which are estimated to be Two Hundred Forty-Eight
Thousand Five Hundred Dollars and No Cents($248,500.00)."
Second Amendment to CSC 31502 1 of 4
OFFICIAL RECORD
RECEIVED MAR 2 7 101 CITY SECRETARY
FT. WORTH, TX
II.
All other terms and provisions of the Agreement shall remain in full force and effect except as
specifically amended or set forth herein.
III.
All terms in this Second Amendment that are capitalized but not defined shall have the meanings
assigned to them in the Agreement.
IN WITNESS WHEREOF, the parties have executed this Second Amendment in multiples, this
_,'Z_day of ft 1!zA 92014.
CITY OF FORT WORTH FORT WORTH GARDEN CLUB
i
By: P.— 6�0By:
S San Alanis Maurie Alliston olds
sistant City Manager resident
APPROVED AS TO FORM
AND LEGALITY:
Assistan C. Attomey
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ity Secretary VS io
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M&C:C-20541 .�*A S
February 22,2005
Second Amendment to CSC 31502 FFIC' LE
COD
7
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/22/2005
DATE: Tuesday, February 22, 2005
LOG NAME: 80FWGCCONTRACT REFERENCE NO.: C-20541
SUBJECT:
Authorize Execution of Contract Renewal with Fort Worth Garden Club, Inc.
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract renewal with the
Fort Worth Garden Club, Inc. (FWGC) for a primary term of ten years with two additional five-year renewal
options.
DISCUSSION:
On September 25, 1984 (M&C C-8639), the City Council authorized the City Manager to execute a contract
with the Fort Worth Garden Club, Inc. (FWGC) to permit them to construct the Garden Center Conservatory
Complex at no cost to the City. On September 24, 1985, (M&C C-9250), the City Council authorized the
City Manager to execute a contract with the FWGC to permit them to construct a Lecture Hall as a part of
the Garden Center Conservatory Complex. Upon the City's acceptance of the donation of these facilities,
the City agreed to operate and maintain them as public facilities primarily for educational purposes and
secondarily for other meetings of public interest and benefit.
The City controls all operations of the Garden Center Conservatory Complex. All revenue generated
through this complex is deposited into a special fund maintained by the Fort Worth Garden Club, Inc. and
used only for the operation, expansion or improvement of this complex or the Fort Worth Botanic Garden,
with the written consent of the Parks and Community Services Director.
These two contracts were written to expire on the same date, September 30, 2004. The FWGC wishes to
continue this contractual agreement with the City and requests a new contract that consolidates both
original contracts into one.
It is understood and agreed that the purpose of continuing this agreement is to provide for the best
practicable operation of the Garden Center Conservatory Complex for the benefit of the public, while
preserving the non-commercial atmosphere of the Botanic Garden. If it should become undesirable to
continue the operations described by the proposed agreement, the City Council could modify or discontinue
the operations. City staff recommends continuing the current arrangement which would benefit the public,
Botanic Garden and City of Fort Worth.
The Fort Worth Botanic Garden is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
Logname: 80FWGCCONTRACT Page 1 of 2
TO Fund/Account/Centers FROM Fun d/Accou nt/C enters
Submitted for City Manager's Office by.
Libby Watson (6183)
Originating Department Head: Randle Harwood, Acting (5704)
Additional Information Contact: Sandra Youngblood (5755)
Logname: 80FWGCCONTRACT Page 2 of 2