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CONTRACT NO. (iszta----4
THIRD AMENDMENT TO CITY SECRETARY CONTRACT NO. 45245
LICENSE AGREEMENT
This THIRD AMENDMENT TO CITY SECRETARY CONTRACT NO. 45245 ("Third
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 ("DFWII"), 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, on August 25, 2009, the City Council approved M&C G-16674, which authorized
the City Manager to enter into a license agreement with DFWII for the redesign and update of the Park
and allocated funding in the amount of $250,000.00 from gas well revenue;
WHEREAS, pursuant to the authority granted by the City Council, the City and DFWII entered
into a Memorandum of Understanding to provide for the development of plans to redesign and update the
Park and an amendment thereto, the same being City Secretary Contract ("CSC") Nos. 39919 and 39919-
Al (collectively, the "MOU");
WHEREAS, the parties executed CSC No. 45245 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 parties entered into CSC No. 45245-A 1, which amended
the CSC No. 45245 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, on August 22, 2012, the parties entered into CSC No. 45245-A2, further amending
CSC No. 45245 to allow DFWII access to the Park for an additional hour in the mornings on Monday
through Friday to help facilitate the timely completion of the Project;
WHEREAS, DFWII has identified additional elements of the Project needed in order to complete
the Project;
WHEREAS, the City has expended the $250,000.00 in gas well revenue allocated for this Project
and wishes to provide DFWII an additional $25,000.00, from other park funds, for use towards funding
the additional costs related to the increased scope of work;
WHEREAS, DFWII has requested additional time to complete the increased scope of work; and
WHEREAS, the parties wish to amend the Agreement to extend the time for performance and
allow additional City funds to be used towards the costs of the increased scope of work.
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 CSC No. 45245, as previously amended by CSC Nos. 45245-Al and
45245-A2, ("Agreement") is further amended as follows:
Third Amendment to Contract 45245
2013
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
cqeMED AUG en
I.
Section 2 of the Agreement titled "Term" is amended to extend the term of the Agreement
through September 30, 2013, for the purpose of allowing DFWII to complete the increased scope of work
for the Project. Section 2 is deleted in its entirety and replaced with a new Section 2 to read as follows:
"The primary term of this Agreement shall commence on September 1, 2011 and end on
September 30, 2013."
II.
Section 3 of the Agreement titled "Responsibilities of the Parties" is amended to add subsection
3.1.2.a to allow the City to increase the funding by Twenty -Five Thousand Dollars for use toward funding
additional costs related to the increased scope of work for the Project. Subsection 3.1.2.a shall read as
follows:
"3.1.2.a Provide Twenty -Five Thousand Dollars and No Cents ($25,000.00) from other Park
funds (City's General Fund) for use toward funding those additional elements of the Park
redevelopment contained in Exhibit B, which is attached hereto and incorporated herein for all
purposes as though it were set forth at length."
All terms in this Third Amendment that are capitalized but not defined shall have the meanings
assigned to them in the Agreement.
IV.
All terms and conditions of the Agreement that are not expressly amended pursuant to this Third
Amendment shall remain in full force and effect.
V.
Funds previously paid to DFWII prior to this Third Amendment shall apply toward the total
funding under the Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Third Amendment to be
executed by their duly authorized representatives.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment in Tarrant County,
Fort Worth, Texas this day of , 2013.
CITY OF FORT WORTH
B
usan Alanis
Assistant City Manager
Third Amendment to Contract 45245
DOWNTOWN FORT WORTH
INITIATIVES, INC.
By:
Andrew Taf
President
OFFEICllA 3 C W
c Y Sk7CruAtEN
T.
APPROVED AS TO FORM AND
LEGALITY:
By:
Ty-ft. Wallach
Assistant City Attorney
ATTEST:
By:
te/c/.
Mary Kayser
City Secretary
Authorization:
M&C: G-16674
Date: August 25, 2009
Third Amendment to Contract 45245
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTHS TX
3 of
Exhibit B
Additional Scope of Work
1. WATERPROOFING SIDEWALK
2. INSTALL LIGHTING FOR AVIATION WALL
3. DEMOLITION OF EXISTING STAIRS AND PLANTERS
4. BRICK AND CONCRETE REPATCHING
5. INSTALL ADDITIONAL ELECTRICAL OUTLETS
6. REMOVE AND REPLACE CONCRETE PLANTER WALL
7. SCOPE WATER LINE
8. INSTALL DRAINAGE LINE FOR BACK PLANTER
9. INSTALL ADDITIONAL LANDSCAPING IMPROVEMENTS
10. WATERPROOF GARAGE ROOF
11. INSTALL BRICK WALKWAY AROUND TRIBUTE
12. RAISE CURB ALONG 8TH TO ADDRESS TO BRING THE CURB INTO COMPLIANCE
WITH THE AMERICANS WITH DISABILITIES ACT
13. REPLACE SOUTH STAIR
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