HomeMy WebLinkAboutContract 32788-R1A4 -- CITY$ECI2ETA' 3, r ��1 A q"
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FIRST RENEWAL AND FOURTH AMENDMENT OF
CITY SCRETARY CONTRACT NO.32788,A LICENSE AGREEMENT
WITH THE FORT WORTH BOTANICAL SOCIETY,INCORPORATED
This FIRST RENEWAL AND FOURTH AMENDMENT TO CITY SECRETARY
CONTRACT NUMBER 32788, as amended, ("First Renewal and Fourth Amendment") 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
Botanical Society, Inc., a Texas non-profit corporation ("FWBS"), acting by and through its duly
authorized President.
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("FWBG");
WHEREAS, a portion of the FWBG has been set aside and developed as a Japanese Garden;
WHEREAS, since 1973, the FWBS and the City have been party to a series of agreements
pursuant to which the FWBS has operated the Japanese Garden and performed other designated functions
related to the FWBG, with the current agreement being Fort Worth City Secretary Contract ("CSC")
Number 32788;
WHEREAS, in 2007, the parties amended CSC 32788 to authorize its award and administration _
of contracts to partially fund a master plan and strategic plan for the FWBG, the same being CSC 388-
Aro;
WHEREAS, the parties executed a second amendment to CSC 32788 to allow the FWBS to
receive and disperse donated funds from the Muriel Pemberton Dower Estate for improvements at the
FWBG, the same being CSC 32788-A2;
WHEREAS, the parties executed a third amendment to CSC 32788 to allow the FWBS to award
and administer contracts for the construction of accessibility improvements to the Japanese Garden, the
same being CSC 32788-A3 (CSCs 32788, 31'4&S ^A- . 32788-A2, and 32788-A3 are collectively referred
to herein as the"License Agreement"); 3 S_I&n
WHEREAS, the primary term of the License Agreement is for ten calendar years with two, five-
year renewal options;
WHEREAS,the parties desire exercise the first renewal term of five years;
WHEREAS, among other things, the parties also wish to prohibit any alcohol other than beer
or wine into the Japanese Garden, revise the standard operating hours for the gift shop and the Japanese
Garden, and modify the language pertaining to the prohibition of pets and animals; and
NOW,THEREFORE, in consideration of the mutual covenants herein expressed,the City and
FWBS agree to renew,extend, and amend the License Agreement as follows:
I.
RENEWAL
1. The City and FWBS hereby agree to renew and extend the License Agreement for five
years, effective beginning on October 1,2015 and ending on September 30,2020.
OFFICIAL RECORD
First Renewal and Fourth Amendment to CSC 32788 CITY SECRETARY I of 3
FT. WORTH, TX
H.
AMENDMENT
1. Section 3.02 of the License Agreement is hereby added to read as follows:
"3.02 On or before October 1 of each remaining year of this License
Agreement, the parties may meet to discuss any proposed changes to the terms
and conditions of this License Agreement. Any changes or amendments to this
License Agreement shall be subject to Section 33. Failure to meet and discuss
any proposed changes shall not be deemed a breach of this License Agreement
by either party."
2. Section 6.01(a), (b) and (c) of the License Agreement is hereby amended to read as
follows:
"6.01 FWBS agrees to operate the JG and Gift Shop in accordance with the following
rules and regulations:
a. The gift shop and the JG shall be open to the public daily from 9:00 a.m.
to 5:00 p.m. during Central Standard Time and daily from 9:00 a.m. to
7:00 p.m. during Daylight Savings Time, with the understanding that
such hours may be revised with the written approval of the Director.
b. Deleted
C. Annual admission and rental fees to the JG, Rock Springs Building, and
Garden Restaurant shall be approved by the Director. Any increase in
the price of admission and rental fees to the JG, Rock Springs Building,
and Garden Restaurant over those prices charged as of the effective date
of this First Renewal and Fourth Amendment shall not exceed the sum of
an annual C.P.I. adjustment. The term "C.P.I." shall mean the annual
average Consumer Price Index issued by the Bureau of Labor Statistics
covering All Urban Consumers for the Dallas/Fort Worth, Texas Region
(or if this index ceases to be published, then a comparable index). No
member of the FWBS shall be required to pay admission to the JG."
3. Section 6.01(i)shall be amended to read as follows:
"i. The following shall not be permitted within the confines of the JG:
1. Bicycling.
2. Roller Skating.
3. Any pet or animal specifically prohibited by law from entering
the JG.
4. Staging,playing or production of music, sound or noise except
when in conjunction with rental fees.
5. Picnics.
6. Playing or engaging in any sport or game.
7. Engaging in any activity harmful to the plantings or landscape,
or detrimental to the welfare or enjoyment of the public visiting
the JG.
8. Any unlawful or immoral act or omission.
First Renewal and Fourth Amendment to CSC 32788 2 of 3
9. Any alcohol other than beer or wine."
4. Section 20.01(e) is hereby deleted in its entirety.
5. Effective October 1, 2015,the Fort Worth City Council revised the name of the Parks and
Community Services Department to the Park and Recreation Department. Any reference to the Parks and
Community Services Department in the License Agreement shall hereinafter mean and include the new
Park and Recreation Department.
III.
MISCELLANEOUS
1. All terms of this First Renewal and Fourth Amendment that are capitalized but not
defined shall have the meanings assigned to them in the License Agreement.
2. All terms and conditions of the License Agreement that are not expressly amended
pursuant to this First Renewal and Fourth Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Renewal and Fourth Amendment
to be effective as of October 1, 2015.
THE CITY OF FORT WORTH FORT WORTH BOTANICAL SOCIETY,INC.
By• r-- By:
usan Alanis Roger Rice
Assistant City Manager President
APPROVED AS TO FORM
AND LEGALITY:
Tyler F. ach
Assista t City Attorney
ATTE 6. $�
3
Mary J K °� Y�
City S e
ex
Authorization:
M&C Number: C-20993 (September 13,2005)
N
ICIAL RECORDY SECRETARY WORTH, TX
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