HomeMy WebLinkAboutContract 29076 09-09-03 P03: 34 IN
CITY SECR6T4`RY
STATE OF TEXAS § CONTRACT hl Cc �I CD
COUNTY OF TARRANT §
AMENDMENT TO
CITY SECRETARY CONTRACT NO. 27279
MANAGEMENT CONTRACT
MCLELAND TENNIS CENTER
This amendment to City Secretary Contract No. 27279 (the "Agreement") is made
and entered into by and between the City of Fort Worth, a home-rule municipal
corporation situated in Tarrant, Denton and Wise Counties, Texas, acting herein by and
through its duly authorized Assistant City Manager, (hereinafter referred to as the
"City"), and Lonestar Tennis, Inc, a Texas corporation doing business in Texas, acting
herein by and through its duly authorized President, whose principal place of business is
located at 1305 Andromeda Way, Arlington, Texas (hereinafter referred to as
"Contractor").
WHEREAS, on November 27, 2001 the City of Fort Worth and Lonestar Tennis
Inc. entered into an agreement known as City Secretary Contract No. 27279, on file in the
Office of the City Secretary of Fort Worth under the terms of which Lonestar Tennis Inc.
agreed to manage and operate certain tennis facilities located at the McLeland Tennis
Center at 1600 West Seminary Drive in Fort Worth, Tarrant County Texas; and
WHEREAS, subsection (e) of Section 11 entitled "Maintenance; Alteration to
Premises" provides that the City will make a good faith effort to resurface two courts
each fiscal year provided that the City Council appropriated the necessary funds;
WHEREAS, the necessary funds to resurface two courts were appropriated for
the 2002 fiscal year; and
WHEREAS, the courts at the McLeland Tennis Center are currently in good
repair and are not in need of resurfacing; and
WHEREAS, the Fort Worth Parks and Community Services Department would
like to use the funds to erect wind screens around the tennis courts.
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That the City and Contractor, for and in good and valuable consideration of the
mutual covenants and agreements contained herein, do mutually covenant and agree that
said City Secretary Contract No. 27279 is hereby amended as follows:
1
That City Secretary Contract No. 14071 as amended by City Secretary Contract
Nos. 17195, 19725, 20829, 27471, and 27897, is hereby amended to amend Section 1
FT, � � 041
"Maintenance; Alteration to Premises" to amend subsection (e) in order to allow the City
to use funds earmarked for court resurfacing for other uses at the McLeland Tennis
Center. Subsection (e) of Section 11 "Maintenance; Alteration to Premises " shall read as
follows:
(e) City agrees to make a "good faith" effort to resurface two (2) courts
each fiscal year through the City's annual budget process, dependent on
the appropriation of funds for said project by the City Council and the
condition of the courts. It is understood and agreed, however, that City
does not guarantee that any courts will be resurfaced and cannot guarantee
that the City Council will appropriate the funds for such resurfacing. If it
is determined by the City that the condition of the tennis courts does not
warrant resurfacing, the City may choose not spend the allocated funds on
resurfacing the courts during that fiscal year. In lieu of tennis court
resurfacing, the City, in their discretion, may utilize the funds for other
facility needs, such as windscreens for the fenced areas or any other
applicable needs of the Center as determined by the City.
2.
That all other terms and conditions of City Secretary Contract No. 27279 which
are not amended herein, shall remain in full force and effect throughout the term of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this
day of , 2003 in Fort Worth, Tarrant County, Texas.
CITY OF F RT WORTH LONESTAR TENNIS,INC.
By: By:
ibby n . Mich ael rigu
Assistant City Manager Preside
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Contract Authorization
d,gaj.. City Secretary
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Approved and to Form and Legality
Davi tt City Attorney
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By: �/ v�u l! C � �
Assistant Cit Attorney
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