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HomeMy WebLinkAboutContract 35772-A2 � To y%ONTACN �� -❑� SECOND AMENDMENT TO 1' CITY SECRETARY CONTRACT NO.35772 WHEREAS, on September 11, 2007, the City of Fort Worth ("City") and Steve Teeters ("Artist") made and entered into City Secretary Contract No. 35772 (the "Contract") as authorized by City Council (M&C C-22315) and the City designated the Arts Council of For Worth and Tarrant County, Inc.,as its Contract Manager; and, WHEREAS, on December 3, 2007, the City of Fort Worth ("City") and Steve Teeters ("Artist") amended City Secretary Contract No. 35772 [City Secretary Contract No. 36207 as authorized by City Council (M&C C-22494)]; and, WHEREAS, the Artist created a final design for an arched top at the North Gate; however, the final design could not be approved due to the City's inability to provide structural information about the existing column supports that would enable the Artist's engineer to stamp the drawings and, as a result, the City has determined that pursuing implementation of the arched top is not feasible at this time;and, WHEREAS, another component of the deliverables, the North Gate, was damaged by a third party prior to final acceptance by the City, and cannot be accepted until repaired and functioning; and, WHEREAS, the North Gate shall be repaired by the Artist under a separate contract paid by insurance proceeds secured by the City; and, WHEREAS, the City desires to pay the Artist for all other work completed under the contract prior to repair and final acceptance of the North Gate by the City;and, WHEREAS,it the mutual desire of City and Artist to amend the Contract, NOW, THEREFORE, City, whose address is 1000 Throckmorton Street, Fort Worth, Texas 75142, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Artist, whose address is 719 Buddy Holly Avenue, Lubbock, Texas, 7940I, do hereby agree as follows: OFFICIAL RECORD CITY SECRETARY 1 FT. WORTH, TX II. Ali other terms and conditions of City Secretary Contract No. 35772 not amended herein remain unaffected and in fall force and effect, are binding upon the parties,and are hereby ratified by the parties. IN WITNESS WHEREOF, the parties hereto have executed our copies of this contract amendment in Fort'Worth,Texas, this 1Y-i day of , 2009. ATTEST: CITY OF FORT WORTH By: Fcrnando Costa Assistant City Manager City Secr ary AP RDVED A TO FORM AND LEGALITY: LN(�M&C RE-QUIRE-1) 17 Assistant City Att rney { ARTIST Steve eeters OFFICIAL RECORD CITY SECRETARY 3 FT.WORTH,TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 12009 by Fernando Costa, Assistant City Manager, City of Fort Worth, on behalf of the City of Fort Worth,Texas. NOTARY PUBLIC,STATE OF TEXAS STATE OF TEXAS S!! § COUNTY OF���-�IJ bt) § This instrument was acknowledged before me on q , 2009 by Steve Teeters,Artist. NOTARY PUB C,STATE OF TEXAS WHy1NEY (eRIN Stste v�BDD pub", .o ion ExAfres =' MY Apr11417.2013 .yt If11111515 OFFICIAL RECORD CITY SECRETARY 4 FT.WORTH,TX '