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Home My WebLink AboutContract 45245-A2 CrTY S CWROCTMD9�_ SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO, 45245 LICENSE AGREEMENT This SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 45245 ("Second Amendment") is made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation, acting herein by and through its duly authorized Assistant City Manager, and Downtown Fort Worth Initiatives, Inc., a Texas non-profit corporation ("DFW11"), acting by and through its duly authorized President. WHEREAS, the City owns a park located at 801 Main Street, Fort Worth, Texas 76102, known as general Worth Square (the "Park"), and operates and maintains the Park for public use and benefit; WHEREAS, the parties made and entered into City Secretary Contract No. 45245 (the "Agreement"), as approved by the Fort Worth City Council on August 25, 2009 (M&C G-1 6674), for the purpose of establishing the rules and guidelines pursuant to which DFWII shall comply in carrying out certain Project repairs and renovations at the Park; WHEREAS, on February 8, 2012, the Agreement as amended (First Amendment) to extend the time for performance and allow City funds to be used toward the cost of the identified elements of the Tribute, without increasing the amount of the overall expenditure by the City; WHEREAS, to carry out its purposes under the Agreement,the City currently allows DFWII access to the Park not before 7:00 a.m. or after 8:00 p.m. Monday through Friday; and WHEREAS, DFWII wishes to extend its access to the Park by an additional hour in the mornings on Monday through Friday to help facilitate the timely completion of the Project. NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS That City and DFWII, in consideration of the mutual covenants and agreements contained herein, do mutually covenant and agree that the Agreement is amended as follows: I. Subsection 3.1.1 of Section 3 of the Agreement titled "Responsibilities of the Parties" is amended to allow DFWII access to the Park an hour earlier on Monday through Friday. Subsection 3.Z.1 of section 3 is deleted in its entirety and replaced with a new Subsection 3.1.1 to read as follows: "3.1.1 Allow DFWII access to the Park not before 6:00 a.m, or after 8:00 p.m. Monday through Friday, before 9:00 a.m. or after 8:00 p.m. Saturday, or any time on Sunday throughout the term of this Agreement to work on the Project. The parties agree to revise these hours by execution of a written amendment to this Agreement: if either party receives requests or complaints from a business or resident within a one-half mile radius of the Park." if. All terms in this Second Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement or First Amendment. III. All terms and conditions of the Agreement or First Amendment that are not expressly amended pursuant to this Second Amendment shall remain in full force and effect. rFF A�.RECORD Second Amendment to Contract 45245 SPRY Page 1 of 2 ORTH,TX 08-22-12 A09 :38 1 N IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed by their duly authorized representatives. SIGNED thi�ay of , 201 CITY OF FORT NORTH DOWNTOWN FORT WORTH INITIATIVES, INC. By: By: CL f (_Su an Alanis A drew Ta ssistant City Manager President APPROVED AS TO FORM AND LEGALITY: y• T :- all ch Assistant City Attorney 0000000 fia►�as 0o� a0 0 ATTEST: a+� wr,r v a B � ° By: °. , Ma Ka4V/ q" �°° v ry 0000000 4x ICY City Secretary hi Authorization: M&C: G-16674 Date.- Auggst 25 2009 OIAL RECORD First Amendment to Contract 45245 Cl SECRETARY Page Page 2 of 2 FT•WORT H, ( M1 -M&C Review Page I of 2 Offi6 a!(Ae of the City of Fort Wart!,Texas CITY COUNCIL AGENDA FORTWORT11 COUNCIL ACTION: Approved on 8125/2009 - Ord. No. 18772-08-2009 DATE: 8/25/2009 REFERENCE G-1 6674 LOG NAME: 80JFKGENWORTHSOUARE N CODE: G TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize the City Manager to Enter Into a License Agreement with Downtown Fort Worth Initiatives, Inc., for Improvements to General Worth Square Park with a City Contribution of$250,000.00 from Gas Well Revenues and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to enter into a License Agreement with Downtown Fort Worth Initiatives, Inc., for improvements to General Worth Square Park with a City contribution of$250,000.00 from gas well revenues; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $250,000.00 in the Park Gas Lease Projects Fund from gas well revenues. DISCUSSION: The purpose of this M&C is to authorize the City Manager to enter into a License Agreement with Downtown Fort Worth Initiatives, Inc., for improvements to General Worth Square Park with a City contribution of$250,000.00 from gas well revenues and to adopt an appropriation ordinance. General Worth Square Park is located at 801 Main Street and was acquired in 1950. The 1.53 acre park is located immediately north of the Fort Worth Convention Center. In 2008, Downtown Fort Worth Initiatives, Inc., approached the City and proposed the redevelopment of General Worth Square Park to improve and enhance daily use of the park, encourage and support special events and incorporate a tribute to President John F. Kennedy who gave his last public speech at this site on November 22, 1 963. On December 7, 2008, a design charrette was held with a team of volunteer design professionals to develop potential redesign schemes for the park. A Place-Making Workshop was facilitated by the Project for Public Spaces on June 1, 2009. Workshop attendees included adjacent property owners and key downtown stakeholders including special event organizers. One of the outcomes of these meetings was a recommendation that efforts should be made to develop and complete interim improvements to General Worth Square Park to accommodate the placement of the President John F. Kennedy sculpture. The donation of the President John F. Kennedy sculpture and other refurbishments will be addressed in a future M&C. The License Agreement will allow Downtown Fort Worth Initiatives, Inc., and their designated design engineers/architects, contractors and vendors access to the park throughout the term of the Agreement. The Parks and Community Services Department will review and approve plans for design and installation of improvements at the park. At their June 24, 2009, meeting the Parks and Community Services Advisory Board concurred with staffs recommendation to accept the donation of repairs, refurbishments and improvements to General Worth Square Park and endorse the appropriation of$250,000.00 from the City-wide undesignated park gas well funds. http://apps,cfwnet.org/council—packet/`mc—review.asp?ID=1 2049&councildate=$12512009 7/26/2012 1 -M&C Review Page 2 of 2 An estimate of the direct and indirect costs is attached. The proposed expenditure of the City funds complies with the City of Fort Worth's Financial Management Policy for the use of park gas well lease revenues. General Worth Square Park is located in COUNCIL DIS`rRICT 9. FISCAL INFORMATIONICERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached supplemental appropriation ordinance funds will be available in the current operating budget, as appropriated, of the General Fund. To Fund/Account/Centers FROM Fund/AccountlCenters 1) 0282 446200 801929990100 $250,000.00 2 0282 538070 801929990100 $250,000.00 3) GG01 539120 0807041 $250,000.00 4) GG01 539120 0807041 $250,000.00 1 $250,000-00 0282 538070 801929990100 2&3} GG01 472282 0807041 $250,000.00 Submitted for City Manager's office by_: Charles W. Daniels (5199) Originating ae artment Head: Richard Zavala (5794) Additional Information Contact: David Creek (5744) ATTACHMENTS 80JFKGENSWORTHSQUARE AO.doc Aerial - General Worth Sg aare.Pdf J FK Sculpture 1J PG JFK Sculpture 2.JPG Location Ma - General Worth Sguaree. df U dated General Worth S iaare Revised Estimates.doc http://apps.cfwnet.org/council—Packet/mc_review.asp?ID=12049&counciIdate=812512009 7/26/2012