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Home My WebLink AboutContract 20826 Feb FIRST AMENDMENT TO CITY SECRETARY CONTRACT CITY SECRETAR NO. 18454 C014TRACT tlo 0� STATE OF TEXAS § § COUNTY OF TARRANT § This First Amendment to City Secretary Contract No. 18454 (the "First Amendment") is made and entered into effective as of the day of L16Z -^ , 1994 by and between the City of Fort Worth (the "City") and the Fort Worth Zoological Association, a Texas nonprofit corporation (the "Zoo Association") . WHEREAS, on May 14, 1991, the City and the .Zoo Association entered into City Secretary Contract No. 18454 (the Contract) for the management and operation of the Fort Worth Zoo; and WHEREAS, the Contract has become a model of public/private partnerships; and WHEREAS, under Zoo Association management, the Zoo has markedly increased attendance; and WHEREAS, such increased attendance creates a need to address i parking issues in order to .reduce traffic congestion and increase jconvenience for Zoo patrons and other Forest Park users; NOW THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: For good and valuable consideration which both parties acknowledge by their signatures below, the City and the Zoo Association hereby agree to amend the Contract as follows: 1) Article IV, Section 4`.04, entitled "Parking fees", is deleted in its entirety; and 2) Article VI, Section 6. 01, entitled "Parking", is deleted .in its entirety and replaced by the following Article VI: 1. ARTICLE VI PARKING 6. 01 DESIGNATION OF PARKING AREAS a) The City and the Zoo Association agree that the main parking lot at the Fort Worth Zoo, a diagram of which is attached to this First Amendment as /°Exhibit 111, was previously designated as a parking lot for the use and enjoyment of Zoo patrons and Forest Park visitors. b) The City and the Zoo Association further agree that the property known as the "Archery Range", a diagram of which is attached to this First Amendment as "Exhibit 211, is now designated as a parking lot for the use and enjoyment of Zoo patrons and Forest Park visitors. c) The City and .the Zoo Association further agree that the property known as the "Colonial North" area, a diagram of which is attached to this First Amendment as "Exhibit 311, is now designated as a parking lot for the use and enjoyment of Zoo patrons and Forest Park visitors. d) "Designated", as used in this First Amendment, shall mean devoted to the specified use during the term of the Contract and any renewals thereof. 6. 02 . MANAGEMENT OPERATION AND MAINTENANCE OF PARKING AREAS a) The Zoo Association shall be responsible for managing, operating and maintaining the parking areas designated in Section 6.01, above. -2- b) The Zoo Association shall bear all costs of management, operation and routine maintenance of the designated parking areas. c) The Zoo Association's management responsibilities for personnel working in the designated parking areas shall be consistent with, but no greater than, its management responsibilities for other personnel working at the Zoo. 6.03. IMPROVEMENT OF DESIGNATED PARKING AREAS a) The Zoo Association shall develop plans for any improvements to be installed and constructed on the designated parking areas and such plans shall be submitted to the City's Parks and Community .Services Director (the "Director") for review and approval prior to the start of any improvements. If proposed improvements involve paving or major surface changes, the City Council must approve the changes prior to the start of such improvements. Initial plans for improvements shall be submitted to the Director within ninety (90) days of the date of execution of this First Amendment. Improvements shall be implemented within one p p hundred eighty (180) days of plan approval. b) All costs associated with short-term planning and development shall be borne by the Zoo Association. As used in this i section 6.03 , "short-term development01 shall mean improvements such as post and cable, tree protection, grading, drainage, signage, gravel and other like improvements constructed and maintained at any time during the term of the Contract or renewals thereof. -3- i I� "Short-term development" shall not include paving or major surface changes. C) All costs associated with long-term development shall be addressed in accordance with the existing terms of the Contract. As used in this section 6.03, "long-term development" shall mean the paving of or major surface changes to the designated parking areas. d) Any plan for long-term development submitted by the Zoo Association shall address alternative surfacing solutions to paving and this research and the findings based thereon shall be submitted to the Director as part of the plan. e) Because the areas designated in Sections 6. 01(b) and (c) , above, are unique natural open spaces, any development or improvements shall be subject to the following standards: 1. A buffer area, utilizing the existing shrubs, trees, and foliage along the edge of the designated area which ' abuts the residential property, shall be maintained to minimize the impact on the neighborhood. 2. A barrier system will be created to preserve and protect the existing trees and natural resources. 3 . Topographical elevations will be improved when necessary to facilitate drainage. 4. At such time as the designated area is paved, the landscaping will be consistent with the type utilized in the design of the main lot. 6.04 PARKING FEES a) Charging of Fees. The City grants the Zoo Association the right to charge parking fees for the use of. the designated i parking areas. The Zoo Association agrees that the level and frequency of any parking fees charged will be reasonable and fair -4- and based upon comparable parking fees that are charged by other entertainment attractions of similar quality. b) Payment to City. The Zoo Association agrees that it will make an annual payment to the City of $50,000.00. The payment will be made no later than January 10 of each year, beginning January 1996. 6.05 OTHER PARKING AREAS a) The City and Zoo Association agree that this First Amendment does not authorize or contemplate the use of any additional greenspace in Forest Park, outside the Zoo boundaries as defined by the Contract, for Zoo parking, other than the areas designated herein. b) The City shall assist the Zoo Association from time to time in making other areas of City property available for off-site or overflow parking for Zoo patrons and Park visitors. Unless otherwise agreed to by the parties, the Zoo Association shall have no responsibility for managing other areas used for parking by Zoo patrons or Park visitors. The Zoo Association shall provide P P signage as may be reasonably requested by the Director to indicate the availability and location of such other parking areas. 6.06 TRAFFIC PLAN The Zoo Association agrees to work with the City Manager (acting, as appropriate, through the Director of Parks and it Community Services and the Director of Transportation and Public -5- Works) to develop a traffic plan for Forest Park that is designed to (1) improve traffic flow through the Park, (2) reduce the impact of heavy traffic on surrounding neighborhoods, and (3) minimize congestion at points where traffic enters the Park. 6. 07 RELATIONSHIP TO REMAINING TERMS OF CONTRACT Unless specifically amended herein, this First Amendment to City Secretary Contract No. 18454 shall not affect any other terms and conditions of the Contract. ATTEST: CITY OF FORT WORTH i L'u') By: �Vcz'�� City Secretary Assistant tity Manager S APPROVED AS TO FORM AND LEGALITY: Date of x cution Assistant City ttorney Date: FORT WORTH ZOOLOGICAL ASSO TION By. Ardon Moore Contract Authorizatio President i Dat� —6—