Loading...
HomeMy WebLinkAboutContract 45245-A3CRY f ETA► CONTRACT NO. (iszta----4 THIRD AMENDMENT TO CITY SECRETARY CONTRACT NO. 45245 LICENSE AGREEMENT This THIRD AMENDMENT TO CITY SECRETARY CONTRACT NO. 45245 ("Third Amendment") is made and entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation, acting herein by and through its duly authorized Assistant City Manager, and Downtown Fort Worth Initiatives, Inc., a Texas non-profit corporation ("DFWII"), acting by and through its duly authorized President. WHEREAS, the City owns a park located at 801 Main Street, Fort Worth, Texas 76102, known as General Worth Square (the "Park"), and operates and maintains the Park for public use and benefit; WHEREAS, on August 25, 2009, the City Council approved M&C G-16674, which authorized the City Manager to enter into a license agreement with DFWII for the redesign and update of the Park and allocated funding in the amount of $250,000.00 from gas well revenue; WHEREAS, pursuant to the authority granted by the City Council, the City and DFWII entered into a Memorandum of Understanding to provide for the development of plans to redesign and update the Park and an amendment thereto, the same being City Secretary Contract ("CSC") Nos. 39919 and 39919- Al (collectively, the "MOU"); WHEREAS, the parties executed CSC No. 45245 for the purpose of establishing the rules and guidelines pursuant to which DFWII shall comply in carrying out certain Project repairs and renovations at the Park; WHEREAS, on February 8, 2012, the parties entered into CSC No. 45245-A 1, which amended the CSC No. 45245 to extend the time for performance and allow City funds to be used toward the cost of the identified elements of the Tribute, without increasing the amount of the overall expenditure by the City; WHEREAS, on August 22, 2012, the parties entered into CSC No. 45245-A2, further amending CSC No. 45245 to allow DFWII access to the Park for an additional hour in the mornings on Monday through Friday to help facilitate the timely completion of the Project; WHEREAS, DFWII has identified additional elements of the Project needed in order to complete the Project; WHEREAS, the City has expended the $250,000.00 in gas well revenue allocated for this Project and wishes to provide DFWII an additional $25,000.00, from other park funds, for use towards funding the additional costs related to the increased scope of work; WHEREAS, DFWII has requested additional time to complete the increased scope of work; and WHEREAS, the parties wish to amend the Agreement to extend the time for performance and allow additional City funds to be used towards the costs of the increased scope of work. NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS That City and DFWII, in consideration of the mutual covenants and agreements contained herein, do mutually covenant and agree that CSC No. 45245, as previously amended by CSC Nos. 45245-Al and 45245-A2, ("Agreement") is further amended as follows: Third Amendment to Contract 45245 2013 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX cqeMED AUG en I. Section 2 of the Agreement titled "Term" is amended to extend the term of the Agreement through September 30, 2013, for the purpose of allowing DFWII to complete the increased scope of work for the Project. Section 2 is deleted in its entirety and replaced with a new Section 2 to read as follows: "The primary term of this Agreement shall commence on September 1, 2011 and end on September 30, 2013." II. Section 3 of the Agreement titled "Responsibilities of the Parties" is amended to add subsection 3.1.2.a to allow the City to increase the funding by Twenty -Five Thousand Dollars for use toward funding additional costs related to the increased scope of work for the Project. Subsection 3.1.2.a shall read as follows: "3.1.2.a Provide Twenty -Five Thousand Dollars and No Cents ($25,000.00) from other Park funds (City's General Fund) for use toward funding those additional elements of the Park redevelopment contained in Exhibit B, which is attached hereto and incorporated herein for all purposes as though it were set forth at length." All terms in this Third Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. IV. All terms and conditions of the Agreement that are not expressly amended pursuant to this Third Amendment shall remain in full force and effect. V. Funds previously paid to DFWII prior to this Third Amendment shall apply toward the total funding under the Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Third Amendment to be executed by their duly authorized representatives. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment in Tarrant County, Fort Worth, Texas this day of , 2013. CITY OF FORT WORTH B usan Alanis Assistant City Manager Third Amendment to Contract 45245 DOWNTOWN FORT WORTH INITIATIVES, INC. By: Andrew Taf President OFFEICllA 3 C W c Y Sk7CruAtEN T. APPROVED AS TO FORM AND LEGALITY: By: Ty-ft. Wallach Assistant City Attorney ATTEST: By: te/c/. Mary Kayser City Secretary Authorization: M&C: G-16674 Date: August 25, 2009 Third Amendment to Contract 45245 Cie u°41;$ %CI 0 eti ke%4Iisptiattoott:plcats9, OFFICIAL RECORD CITY SECRETARY FT. WORTHS TX 3 of Exhibit B Additional Scope of Work 1. WATERPROOFING SIDEWALK 2. INSTALL LIGHTING FOR AVIATION WALL 3. DEMOLITION OF EXISTING STAIRS AND PLANTERS 4. BRICK AND CONCRETE REPATCHING 5. INSTALL ADDITIONAL ELECTRICAL OUTLETS 6. REMOVE AND REPLACE CONCRETE PLANTER WALL 7. SCOPE WATER LINE 8. INSTALL DRAINAGE LINE FOR BACK PLANTER 9. INSTALL ADDITIONAL LANDSCAPING IMPROVEMENTS 10. WATERPROOF GARAGE ROOF 11. INSTALL BRICK WALKWAY AROUND TRIBUTE 12. RAISE CURB ALONG 8TH TO ADDRESS TO BRING THE CURB INTO COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT 13. REPLACE SOUTH STAIR Third Amendment to Contract 45245 4 of 4