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HomeMy WebLinkAboutContract 40564-A1A1 CITY SECRETARY Emma No._ 4 DS 4-A I li-I �aC�, g AMENDMENT No. I N�V 21 TO CITY SECRETARY CONTRACT No. 40564 DEVELOPER AGREEMENT This AMENDMENT TO CITY SECRETARY CONTRACT No. 40564 is made and entered into by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant, Denton, and Wise Countries, Texas, acting herein by and through its duly authorized Assistant City Manager, hereinafter referred to as the "City," and the FORT WORTH ZOOLOGICAL ASSOCIATION, ("the Zoo Association"), a Texas nonprofit corporation and acting by and through its duly authorized president. RECITALS WHEREAS, the City of Fort Worth ("City") and the Fort Worth Zoological Association, ("the Zoo Association"), made and entered into City Secretary Contract No. 40564 (the "Agreement") on July 14, 2010 and effective on October 1, 2010; and WHEREAS, the Agreement describes the provision of management services and oversight of the operations for the Fort Worth Zoo; and WHEREAS, on March 30, 2011, an addendum to the Agreement, CSC No. 40564-Al was executed to provide for the measures to clear and clean along Zoo Creek to improve water flow and reduce the risk of flooding; and WHEREAS, the Agreement in section 3.10 provides for the installation of signage in and around the Zoo, including the continued right to place a sign located at the intersection of Colonial Parkway and University Drive for advertising and marketing purposes in a manner consistent with the historical usage of the sign; and WHEREAS, the sign currently at the above mentioned location has been in place for decades and has been used continuously for the purpose of providing information about events and exhibits at the Zoo; and WHEREAS, given the age of the sign, it is recommended to amend the Agreement to provide for the reconstruction of the sign when significant repair is necessary and to clarify that past usage of the sign is inclusive of the change of the sign face and providing for illumination; and NOW THEREFORE, City and the Zoo Association acting herein by and through their duly authorized representatives enter into the following that amends the Agreement: 1. OFFICIAL RECORD Zoo Agreement Amendment No. 1 CSC No.40564 CITY SECRETARY Section 3.10 Si nage is hereby amended to read as follows: 3.10 Signage. The Zoo Association shall install signage in and around the Zoo. Any signs so installed must be constructed and installed in compliance with the ordinances, rules and regulations of the City of Fort Worth; provided, however, that the City acknowledges and agrees that during the Term the Zoo Association shall have a continued right to place the sign located at the intersection of Colonial Parkway and University Drive in Fort Worth for advertising and marketing purposes in a manner consistent with the Zoo Association's past usage of such sign, including, but not limited to, the change by any means of the sign face no more often than two times in a calendar month, and the illumination of the sign face by any means. In the event this sign is damaged or destroyed or in need of significant repair, the Zoo Association shall be allowed to reconstruct the sign, provided that the size of the reconstructed sign face (not including ancillary sign improvements such as the frame, surrounding animal silhouettes, "Fort Worth Zoo" identification sub sign, and landscaping) may not exceed the dimensions of the sign that exists at this location as of the Effective Date (12' x 24'). The sign face of any reconstructed sign may be changed by any means but no more often than two times in a calendar month, and the sign face may be illuminated by any means. 2. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. EXECUTED on this the day of_ N�� b , 2019. CITY OF FORT WORTH FORT WORTH ZOOL AL ASSOCIATION 1 Dana Burghdoff Ardon Moore, President Interim Assistant 6ity Manager OFFICIAL RECORD CITY SECRETARY gg Zoo Agreement Amendment No. 1 CSC No. 40564 FT. WORTH,TX p FORT APPROVED AS TO F RM ATTEST: NDEGALITY: mos Kayserp`� Sr. Assistant City Attorney Cl Secretary CONTRACT AUTHORIZATION: M&C: None required Date Approved: OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Zoo Agreement Amendment No. 1 CSC No. 40564 Page 3 of 3