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HomeMy WebLinkAboutContract 50794-A1 CSC No. 50794-A1 FIRST AMENDMENT OF FORT WORTH CITY SECRETARY CONTRACT NO.50794 This FIRST AMENDMENT OF FORT WORTH CITY SECRETARY CONTRACT NO. 50794 ("First Amendment") is made and entered into by and between the CITY OF FORT WORTH, a home-ruled municipal corporation of the State of Texas,acting by and through its duly authorized Assistant City Manager("City"),and COLONIAL COUNTRY CLUB,a Texas nonprofit corporation("Licensee"). The City and Licensee are referred to herein individually as a"Party"and collectively as the"Parties." WHEREAS,the City owns a certain piece of property known as Forest Park located at 1500-2000 Colonial Parkway,Fort Worth,Texas 76109("Forest Park"),which is located at the Log Cabin Village and Bobo Woods,("Premises"); WHEREAS, on May 14, 2018, the City and Licensee entered into a License Agreement ("Agreement")to use a portion of Forest Park for parking and a Will Call Trailer during Licensee's annual golf tournament,the same being Fort Worth City Secretary Contract No. 50794("CSC 50794"); WHEREAS, the Agreement provides an initial term of four years and may be renewed for two additional one-year renewal periods(each a"Renewal Term"); WHEREAS, the initial term expired on June 30, 2022 and the Parties wish to extend the Agreement through the first renewal term; WHEREAS, it is the collective desire of the Parties to amend the Agreement to include renewal terms and increase the fees associated with this license; and NOW,THEREFORE, in consideration of the covenant and agreements contained herein, the Parties hereby agree to amend the Agreement as follows: I. Article 3 of the Agreement is hereby amended to be and read as follows: 3. Term. The Agreement shall be effective from May 14, 2018 until June 30, 2022 ("Term"). This Agreement may be renewed as set fort below in subsection 3.1. Licensee's use of the Premises will not be continuous through any renewal term,but will be restricted to the license periods set forth below and in the renewal subsection. 3.1 Renewal Term. Unless terminated earlier pursuant to Article 5, the renewal term of this Agreement will be for a total of ten (10) years from 2023 through 2032 (the "Renewal Term"). Licensee's use of the Premises will be for annual periods of sixty (60) OFFICIAL RECORD consecutive days from April 1st through June 30th of each calendar CITY SECRETARY year during the Renewal Term. FT. WORTH, TX 3.2 Upon expiration of the Renewal Term, the Parties may opt to continue this Agreement upon mutual written agreement (the "Extension"). To extend this Agreement, Licensee must notify the Park & Recreation Department Director or designee,in writing,of its desire for an Extension and its intent to use the Premises for the purposes set forth in this Agreement during any Extension, including, the desired Extension, no later than January 1 st of the year of 2033. Unless otherwise agreed in writing,the annual license First Amendment of CSC 50794 Pagel of 3 periods for all extensions shall continue to be sixty(60) consecutive days from April 1 through June 30 of each calendar year of any extension. II. Article 2 of the Agreement is hereby amended to include subsection(a) and(b)to be and read as follows: a. Renewal Term (Years 2023 and beyond). Total annual License Fee during the Renewal Term shall be $4,800.00 for each year of the first five years of the Renewal Term and$5,000.00 for each year of the second five years of the Renewal Term. b. Log Cabin Heritage Foundation Donation(Years 2023 and beyond). i. As further consideration to the agreements and covenants contained herein, Licensee further agrees to increase the donation to the Log Cabin Heritage Foundation from the Licensee's Colonial Charitable Fund during the Renewal Term which shall be $8,900.00 for each year of the first five years of the Renewal Term and $9,300.00 for each year of the second five years of the Renewal Term. M. a) All terms in this First Amendment that are capitalized but not defined herein shall have the meanings assigned to them in the Agreement. b) All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment shall remain in full force and effect. (signatures on following page) First Amendment of CSC 50794 Page 2 of 3 IN WITNESS WHEREOF,the Parties have executed this First Amendment to be effective on the date signed by the Assistant City Manager. City: Licensee: By: �� '� By: Name: Jesica McEachern Name: Frank Cordeiro Title: Assistant City Manager Title: Chief Operating Officer/General Manager Date: Nov 11, 2022 Date: 08-23-2022 FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration 9� e of this contract,including ensuring all By: / performance and reporting requirements. Name: Dave Lewis Title: Acting Director Park&Recreation Department kjjW'k By: .abt- Name: Kelli Pickard By; .:,. .)al0ct2a.202211:21COT) Title: Assistant Director Name: Sandra Youngblood Park&Recreation Department Title: Assistant Director Park&Recreation Department City Secretary: Approved as to Form and Legality: gg" By; ette S.Goodall(Nov 11,202213• CST) Name: Jannette S. Goodall ao44auIl� Nica (Oct z15,25COT} �,*F�Rtmad By: Title: City Secretary a oa d Name: Nico Arias Pao o�'-i$ Title: Assistant City Attorney 00000loo =d Op a��EXASoa� Contract Authorization: M&C: N/A Form 1295:N/A OFFICIAL RECORD First Amendment of CSC 50794 CITY E C RE TARY page 3 of 3 FT. WORTH, TX