HomeMy WebLinkAboutContract 32582-A1 CITY SECRETARY
CONTRACT NO.
FIRST AMENDMENT AND RENEWAL OF
CITY SECRETARY CONTRACT NUMBER 32582
STATE OF TEXAS
COUNTY OF TARRANT
This FIRST AMENDMENT AND RENEWAL OF CITY SECRETARY
CONTRACT NUMBER 32582 ("Renewal") is made and entered into by and between the
City of Fort Worth ("City"),a home-rule municipal corporation of the State of Texas,acting
by and through its duly authorized Assistant City Manager, and the Fort Worth Air and
Space Museum Foundation ("Foundation"), a Texas non-profit corporation, acting by and
through its duly authorized Executive Director.
RECITALS
WHEREAS, the City owns 1.53 acres of land located at 801 Main Street known as
General Worth Square Park(hereinafter referred to as the"Park");and
WHEREAS, since 1998 the City has licensed a portion of the Park to The Fort
Worth Aviation Heritage Association (the "Association"), a Texas non-profit corporation,as
the temporary site of an Aviation Wall of Honor (the "Wall") with the current license being
City Secretary Contract Number 32582 (the"Contract");and
WHEREAS, in June 2010, the Association and the Foundation executed an
assignment of the Contract (the "Assignment"), pursuant to which the Foundation assumed
all of the Association's rights and obligations under the Contract;and
WHEREAS, the Contract provides for an initial five-year term and one, five-year
renewal option;and
WHEREAS,the Foundation and the City wish to amend the Contract to reflect the
Assignment and to continue in their relationship by exercising the renewal option.
OFFICIAL RECORD
NOW,THEREFORE, City and Foundation hereby agree as follows: CITY SECRETARY
FT. WORTH, TX
First Amendment and Renewal of CSC 32582 Page 1 of 3
1.
That the City and Foundation hereby agree to renew and extend City Secretary
Contract No. 32582, as amended herein, for a five-year renewal period, beginning
October 1,2010, and ending September 30,2015 ("Renewal Period").
2.
That all terms and conditions of City Secretary Contract No. 32582 shall remain
in full force and effect during the Renewal Period except as specifically amended herein.
3.
That Subsection 7.02 of Section 7, "Termination," of City Secretary Contract No.
32582 is hereby deleted in its entirety.
4.
That Section 26, "Notices," of City Secretary Contract No. 32582 is hereby
deleted in its entirety and replaced with a new Section 26 to read as follows:
26. NOTICES
26.01 All notices required or permitted under this Agreement may be given to a
party personally or by mail, addressed to such party at the address stated below or
to such other address as one party may from time to time notify the other in
writing. Any notice so given shall be deemed to have been received when
deposited in the United States mail so addressed with postage prepaid:
CITY LICENSEE
City of Fort Worth Fort Worth Air and Space
c/o Director, Parks and Museum Foundation
Community Services Department c/o Executive Director
4200 South Freeway, Suite 2200 6238 Camp Bowie Boulevard
Fort Worth,Texas 76115 Fort Worth, Texas 76116-5525
With copy to:
Assistant City Attorney
1000 Throckmorton Street
Fort Worth Texas 76102
Mailing of all notices pursuant to this Section shall be deemed sufficient if mailed
postage prepaid and addressed as specified above, unless either pall as been
notified in writing of any changes. OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment and Renewal of CSC 32582 Page 2 of 3
IN WITNESS WHEREOF, the �arties her to have executed this Renewal in Fort Worth,
Warrant Countv.Texas. this b} day of 12011.
CITY OF FORT WORTH FORT WORTH AIR
AND SPACE MUSEUM
FOUNDATION
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By: d By:
Ssan anis, T Frey hns,
lisststant City Manager Executive Director
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M&C C-21063
OFFICIALECORD
CITY SECRETARY
FT, 1,�nPTH, TX
First Amendment and Renewal of CSC 32582 Page 3 of 3
M&C Review Pagel of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoR �I1
COUNCIL ACTION: Approved on 10/4/2005
DATE: 10/4/2005 REFERENCE NO.: **C-21063 LOG NAME: 80AVIATIONWALL2
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorization to Execute a License Agreement with Aviation Heritage Association for the
Continued Use of Space for the Aviation Wall of Honor in General Worth Square
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a five year license
agreement with one, five-year renewal option with the Aviation Heritage Association to continue to
use space and maintain the Aviation Wall of Honor located in General Worth Square.
DISCUSSION:
On July 13, 1998, the Fort Worth Aviation Heritage Association submitted a request to erect the
Aviation Heritage Wall of Honor on the east side of General Worth Square, 801 Main Street. The wall
is constructed of black andes granite and is inscribed with the names of men and women, living or
deceased, who have contributed to aviation since the beginning of flight.
On September 8, 1998, (M&C C-16895) City Council authorized the City Manager to enter into an
agreement to install and maintain the Wall of Honor in General Worth Square. Subsequently, on
September 30, 1998, an agreement (City Secretary Contract No. 24286) was executed with the
Aviation Heritage Association (AHA). This agreement was for a period of five years with two, one-
year renewal options.
The original intent was to have the Wall of Honor moved to the Aviation Heritage Museum once it was
constructed. Fund raising efforts to build the museum are ongoing but sufficient funds have not been
collected to build the museum and both renewal options have now been exercised. The final renewal
period will end on September 30, 2005. The AHA still plans to build a museum and move the Wall of
Honor to that location in the future.
The AHA has requested that a new agreement be executed for an additional five year period with
two, one-year renewal options. The new agreement will contain all the key contract requirements
contained in the current agreement for the maintenance of the Wall of Honor and its subsequent
removal and relocation. Having the Wall of Honor in General Worth Square benefits the City by
attracting tourists to the area.
This project is located in COUNCIL DISTRICT 9.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=4727&councildate=10/4/2005 1/12/2011
M&C Review Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City Funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office b3t� Libby Watson (6183)
Originating Department Head: Randle Harwood (Acting) (5704)
Additional Information Contact: Randle Harwood (Acting) (5704)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc review.asp?ID=4727&councildate=10/4/2005 1/12/2011