HomeMy WebLinkAboutContract 49714-A2 CITY SECRETARY
CONTRACT NO.
AMENDMENT TO CITY SECRETARY CONTRACT NO. 49714
AN AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
FORT WORTH VAQUEROS SOCCER ACADEMY FOR SYCAMORE PARK
THIS AMENDMENT TO CITY SECRETARY CONTRACT NO. 49714
("Amendment") is made and entered into by and between the City of Fort Worth, 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 Vaqueros Soccer Academy, a Texas 5016
Nonprofit Corporation acting by and through its duly authorized representative("Vaqueros"). The
City and the Vaqueros are referred to herein individually as a "Party" and collectively as the
"Parties."
WHEREAS, on or about September 28, 2017 the Parties executed an agreement for the
Vaqueros to operate and manage a Soccer Facility in Sycamore Park, City Secretary Contract
Number 49714 ("Agreement"); and
WHEREAS, the Agreement requires the Vaqueros to pay the City an annual Fee to
reimburse the City's costs in repurposing a Tennis Complex into the Soccer Facility, for a total
payment during the Primary Term of the Agreement in an amount up to $183,700.00 plus 3.5
percent interest; and
WHEREAS, the Agreement further requires the Vaqueros to annually contribute
$15,000.00 in Maintenance Funds into a separate account for major maintenance, repairs and
replacement reserve funding for the Soccer Facility; and
WHEREAS,the Agreement requires the City and the Vaqueros to execute a memorandum
evidencing the Effective Date of the Agreement and established the dates for the payments of the
Fee and the deposits of the Maintenance Funds; and
WHEREAS,on December 6,2018,a memorandum establishing an Effective Date of June
4, 2018 was executed by the Parties and filed with the City Secretary as City Secretary Contract
Number 49714-A1; and
WHEREAS,the City and the Vaqueros desire to amend the Agreement to revise the dates
for the payments of the Fee and the deposits of the Maintenance Funds;
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the
sufficiency of which is hereby acknowledged, the City and the Vaqueros hereby agree to amend
the Agreement as follows:
I.
MPR A 2019 Section 2.1 of the Agreement is amended to be and read as follows:
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Amendment to City Secretary Contract Number 49714 Offs fUlfRECORD
An Agreement between the City of Fort Worth and CITY SECRETARY
Fort Worth Vaqueros Soccer Academy for Sycamore Park
FT. WORTH,7X
2.1 Primary Term. The Agreement shall be binding on the last date of execution by
the parties. Construction of the Soccer Facility was completed and ready for occupancy on June
4, 2018, The Term of the Agreement shall be from June 4, 2018 ("Effective Date") until June 3,
2028, subject to early termination as provided herein ("Primary Term").
II.
Section 3.1 of the Agreement is amended to be and read as follows:
3.1 Annual Payments. In consideration of the rights and privileged granted herein,
Vaqueros shall pay the City for the City's costs to repurpose the Tennis Complex into the Soccer
Facility up to$183,700.00 plus 3.5 percent interest, over the life of the Primary Term("Fee"). The
Fee to be paid by the Vaqueros to the City shall include all of the City's costs associated with
repurposing the Tennis Complex into the Soccer Facility, including,but not limited to, removal of
the existing tennis nets and posts and installation of a drainage pad system, synthetic turf, new
posts, chain link fences, access gate,player benches, and scoreboard. Payment of the Fee shall be
as follows:
III.
Subsection 3.1.1 of the Agreement is amended to be and read as follows:
For the first contract year, Vaqueros shall pay the City Ten Thousand Dollars and No
Cents ($10,000.00),with such payment due and payable on or before June 3,2019.
IV.
Subsection 3.1.2 of the Agreement is amended to be and read as follows:
For the remainder of the Initial Term of the Agreement, Vaqueros shall pay the City the
remaining balance of the Fee as follows:
(a) On or before December 1, 2019, Vaqueros shall pay the City $12,325.
(b) On or before June 3, 2020, Vaqueros shall pay the City $12,325.
(c) On or before December 1, 2020, Vaqueros shall pay the City $12,325.
(d) On or before June 3, 2021, Vaqueros shall pay the City$12,325.
(e) On or before December 1, 2021, Vaqueros shall pay the City $12,325.
(f) On or before June 3, 2022, Vaqueros shall pay the City $12,325.
(g) On or before December 1, 2022, Vaqueros shall pay the City $12,325.
(h) On or before June 3, 2023, Vaqueros shall pay the City $12,325.
(i) On or before December 1, 2023, Vaqueros shall pay the City$12,325.
Amendment to City Secretary Contract Number 49714 Page 2 of 4
An Agreement between the City of Fort Worth and
Fort Worth Vaqueros Soccer Academy for Sycamore Park
(j) On or before June 3, 2024,Vaqueros shall pay the City$12,325.
(k) On or before December 1, 2024, Vaqueros shall pay the City $12,325.
(1) On or before June 3, 2025, Vaqueros shall pay the City$12,325.
(m) On or before December 1, 2025, Vaqueros shall pay the City $12,325.
(n) On or before June 3, 2026, Vaqueros shall pay the City$12,325.
(o) On or before December 1, 2026, Vaqueros shall pay the City $12,325.
(p) On or before June 3, 2027, Vaqueros shall pay the City $12,325.
(q) On or before December 1, 2027, Vaqueros shall pay the City $12,643.
V.
Subsection 3.3.3 of the Agreement is amended to be and read as follows:
Vaqueros agree to deposit and maintain the Maintenance Funds in a separate account that
will not be commingled with any other Vaqueros funds or accounts. Vaqueros shall deposit the
Maintenance Funds into its designated account on or before June 3 of each contract year, with the
first deposit due on or before June 3, 2019. Vaqueros shall provide proof of each deposit to the
Director within thirty(30) calendar days of the deposit being made into the account. Any interest
earned on the Maintenance Funds shall be deemed to be Maintenance Funds and dedicated to
maintain and repair the Soccer Facility as set forth herein. The Maintenance Funds shall remain
in the Vaqueros designated account for the Primary Term and any Renewal Term of this
Agreement until such time as the Maintenance Funds are approved for expenditure as set forth
herein or upon expiration or early termination of this Agreement.
VI.
Exhibit C of the Agreement is deleted in its entirety.
VII.
1. All terms of this Amendment to City Secretary Contract Number 49714 that are capitalized
but not defined shall have the meanings assigned to them in the Agreement.
2. All term and conditions of the Agreement that are not expressly amended pursuant to this
Amendment of City Secretary Contract No. 49714 shall remain in full force and effect.
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Amendment to City Secretary Contract Number 49714 Page 3 of 4
An Agreement between the City of Fort Worth and
Fort Worth Vaqueros Soccer Academy for Sycamore Park
IN WITNESS WHEREOF,the parties have executed this Amendment to City Secretary
Contract Number 49714 on the dates set forth below,to be effective upon the date of execution by
the City's Assistant City Manager.
CITY OF FORT WORTH FORT WORTH VAQUEROS SOCCER
ACADEMY
By: By:
Fernando Costa Michael Hitchcock
Assistant City Manager Director
Date: Date: Z Z
Recommended by:
PickZavala, Director
P k&Recreation Department
APPROVED AS TO FORM AND LEGALITY:
Richard A. McCracken
Assistant City Attorney
ATTEST: F AOR '.
4't7
Mary J.Ka �4r
City Secretary •jr;�AS
M&C:N/A '��C
Form 1295:N/A
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requireme, s.
VIA
Steven Southard
Assistant Director, Park & Recreation Department
Amendment to City Secretary Contract Number 49714 �Fage To
An Agreement between the City of Fort Worth and OFFICIAL.RECORD
Fort Worth Vaqueros Soccer Academy for Sycamore Park
CITY SECRETARY
FT: WORTH,TX