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HomeMy WebLinkAboutContract 53454-R2 CSC No.53454-R2 JUN 202 SECOND RENEWAL OF CITY SECRETARY CONTRACT NO. 53454 OVTO aN A LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND O THE FORT WORTH GARDEN CLUB This SECOND RENEWAL OF CITY SECRETARY CONTRACT NUMBER 53454 ("Second Renewal"), 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 Garden Club, a Texas non-profit corporation ("FWGC"), acting by and through its duly authorized representative. The City and FWGC are referred to herein individually as a "party' and collectively as the "parties." 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"); and WHEREAS, in the mid-1980s, FWGC contracted with the City to construct the Garden Center Conservatory Complex and an attached Lecture Hall ("Complex") at the Botanic Garden at no cost to the City (M&C C-8639 and C-9250), and in exchange, the City agreed to operate and maintain the Complex as a public facility primarily for educational purposes and secondarily to provide space to hold meetings of public interest and benefit; and WHEREAS, thereafter, the City and FWGC have been parties to a series of agreements relating to the governance, support, generation of revenue and use of certain space within the Botanic Garden, the most recent agreement being a license agreement, City Secretary Contract No. 53454 ("License Agreement"); and WHEREAS, the License Agreement provides for a six month Primary Term with two optional six-month Renewal Terms; and WHEREAS, the City and FWGC previously executed the first six-month Renewal Term, City Secretary Contract Number 53454-R1; and SECOND RENEWAL OF CITY SECRETARY CONTRACT NO.53454 pxu �ofe u ALICENSE AGRFF UNT BETWEEN THE CITY OF FORT WORTHAND �. d 1 THE FORT WORTH GARDIN CLUB WHEREAS, the City and FWGC desire to exercise a portion of the second six-month Renewal Term; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the City and the FWGC do mutually covenant and agree to renew and extend the License Agreement as follows: I. The City and FWGC agree to renew and extend the License Agreement for a five month period, effective beginning on May 1, 2020 and expiring on September 30, 2020. II. a. All terms and conditions of the License Agreement that are not expressly amended pursuant to this Second Renewal shall remain in full force and effect. b. All terms in this Second Renewal that are capitalized but not defined shall have the meanings assigned to them in the License Agreement. [SIGNATURES ON FOLLOWING PAGE] SECOND RENEWAL OF MY SECRETARY CONTRACT NO.53454 Page 2 of 3 ALICENSE AGREEMENT BETWFEN THE CITY OF FORT WORTH AND THE FORT WORTH GARDEN CLUB IN WITNESS WHEREOF,the parties have executed this Second Renewal to be effective on May 1, 2020. CITY OF FORT WORTH FORT WORTH GARDEN CLUB D6 K,ai 8GGyAl�/ X. Dana Burghdoff( n 29,20 09:32 CDT) Melinda A.Burt(Jun 26,202010:28 CDT) Dana Burghdoff Melinda Burt Assistant City Manager President Date: Jun 29, 2020 Date: Jun 26, 2020 Recommended by: 09111W 0-e20 David Creek(Jun 26,202011:50 CDT) David Creek, Acting Director Park&Recreation Department Sandra ounab/ood Sandra Youngblood(J n26,202008A4 CDT) Sandra Youngblood, Assistant Director Park&Recreation Department OFFICIAL RECORD APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY Richard A.McCracken(Jun 29,2020 08:19 CDT) --— _ Richard A. McCracken Sr. Assistant City Attorney a,b Contract Compliance Manager: ATTEST: $ By signing, I acknowledge that I am the person t+ OWI responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Mary Kayser City Secretary : : M&C: C-29133 (5/21/19) Bob Byers Form 1295: N/A Director, Fort Worth Botanic Garden SECOND RENEWAL OF CITY SECRETARY CONTRACT NO.53454 Page 3 of 3 ALICENSE AG ZFEN ENT BETWEEN THE CITY OF FORT WORTHAND THE FORT WORTH GARDEN CLUB