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►; CONTRACT NO. 41 155 -A\
FIRST AMENDMENT TO SUPPORT AGREEMENT
0�L1 c �`;'` BETWEEN THE CITY OF FORT WORTH AND
a �G THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF
METROPOLITAN FORT WORTH
' This First Amendment to Support Agreement(hereinafter referred to as "Amendment") is
made to be effective as of &eph?j 'Ibe( 30 , 2018 , by and between the City of Fort
Worth ("City"), a home-ruleunicipal corporation, acting by and through its duly authorized
Assistant City Manager, and Young Men's Christian Association of Metropolitan Fort Worth
("YMCA"), a Texas nonprofit corporation, acting by and through its duly authorized Executive
Director. City and YMCA maybe referred to individually as a"Party"and jointly as the"Parties."
WITNESSETH
WHEREAS, City and YMCA entered into a Support Agreement dated January 18, 2017
(the "Agreement"), for the purpose of providing long-term support for the operation and
maintenance of an Enhanced Neighborhood Family Aquatics Center in the southeast sector of Fort
Worth on Mitchell Boulevard in the Renaissance Square Development ("Aquatics Facility")
developed by YMCA;
WHEREAS, the Agreement called for City to reimburse YMCA for the actual,necessary,
and allowable expenses incurred by the YMCA to operate the Aquatics Facility, beginning in
City's Fiscal Year 2018 and continuing for 20 years through Fiscal Year 2037 ("Operating
Subsidy");
WHEREAS, the anticipated grand opening of the Aquatics Facility was May of 2018,but
due to various delays, the Aquatics Facility will not open until the City's Fiscal Year 2019; and
WHEREAS, the parties desire to amend the Agreement to extend the term of the
Agreement by one year and to amend Exhibit A to allow for payment of the Operating Subsidy to
begin in Fiscal Year 2019 and end in Fiscal Year 2038.
NOW THEREFORE, in consideration of the premises contained herein and in the
Agreement and other good and valuable consideration, the receipt and legal sufficiency of which
are hereby acknowledged, the City and YMCA agree as follows:
1. Section 2, TERM of the Agreement is hereby amended to change "September 30,
2037"to "September 30, 2038".
2. Exhibit A of the Agreement is deleted in its entirety and replaced with the Exhibit
A attached hereto and made a part hereof for all purposes.
3. Each of the parties hereto represents and warrants to the other that the person
executing this Agreement on behalf of such party has the full right, power and authority to enter
into and execute this Agreement on such party's behalf and that no consent from any other person
or entity is necessary as a condition precedent to the legal effect of this Agreement.
OFFICIAL RECORD
Fc CITY SECRETARY
cryo 82p FT. 'WORTH`TX
4. Except as modified by this Amendment, all of the terms and conditions of the
Agreement are ratified and remain in full force and effect. To the extent the provisions of this
Amendment are inconsistent with the Agreement, the terms of this Amendment shall control. All
terms used but not defined herein shall have the meanings ascribed to such terms in the Agreement.
This Agreement may not be changed or modified nor may any of its provisions be waived orally
or in any manner other than by a writing signed by the party against whom enforcement of the
change, modification or waiver is sought.
5. This Amendment shall become binding and effective only upon the execution and
delivery of this Amendment by both City and YMCA. From and after the effective date hereof,
the terms, covenants and conditions contained herein are binding upon and inure to the benefit of
the parties hereto and their heirs, executors, administrators, successors and assigns.
[signature page following]
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EXECUTED to be effective September 30, 2018 ("Effective Date").
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
ATTEST: �oF.FoRT�APPROVED AS TO FORM
rh c, ND LEGALITY.
f
C ty Secretary i r ssistant City Attorrky
C �t-zu j L)
1295:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
en wring all performance and repo-1ing requirements.
Na e: l i
Title: S?S
YMCA OF ROPOLIT ORT WORTH
By:
hu
Pre depl
O
FFICIAL RECORD
SECRETARY
3 WORTH,TX
EXHIBIT A
OPERATING FUNDS
20 YEARS
Annual Subsidy
with 2% Annual
Increase Cumulative
Year 1 (2019) $59,000.00 $59,000.00
Year 2 (2020) $60,180.00 $119,180.00
Year 3 (2021) $61,383.60 $180,563.60
Year 4(2022) $62,611.27 $243,174.87
Year 5 (2023) $63,863.50 $307,038.37
Year 6 (2024) $65,140.77 $372,179.14
Year 7 (2025) $66,443.58 $438,622.72
Year 8 (2026) $67,772.45 $506,395.17
Year 9 (2027) $69,127.90 $575,523.08
Year 10(2028) $70,510.46 $646,033.54
Year 11 (2029) $71,920.67 $717,954.21
Year 12 (2030) $73,359.08 $791,313.29
Year 13 (2031) $74,826.27 $866,139.56
Year 14(2032) $76,322.79 $942,462.35
Year 15 (2033) $77,849.25 $1,020,311.60
Year 16 (2034) $79,406.23 $1,099,717.83
Year 17 (2035) $80,994.36 $1,180,712.19
Year 18(2036) $82,614.24 $1,263,326.43
Year 19 (2037) $84,266.53 $1,347,592.96
Year 20(2038) $85,951.86 $1,433,544.82
$1,433,544.82
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