HomeMy WebLinkAboutContract 48111-A3R1 CSC No. 48111-A3R1
THIRD AMENDMENT AND FIRST RENEWAL TO
CITY SECRETARY CONTRACT NO.48111,
A MANAGEMENT AGREEMENT FOR MCLELAND TENNIS CENTER
THIS THIRD AMENDMENT AND FIRST RENEWAL TO CITY SECRETARY
CONTRACT NO. 48111 ("Third Amendment and First Renewal") is made and entered into by and
between the CITY OF FORT WORTH,a home-rule municipal corporation of the State of Texas("City"),
acting by and through its duly authorized Assistant City Manager, and LIFETIME TENNIS,INC., dba
IMPACT ACTIVITIES a Texas corporation ("Contractor"), acting by and through its duly authorized
representative. City and Contractor are herein referred to individually as a"Party" and collectively as the
"Parties."
WHEREAS,the City owns certain dedicated parkland known as Rosemont Park, located at 1400
West Seminary Drive,Fort Worth,Texas 76115 ("Park");
WHEREAS,a portion of the Park has been set aside for the operation of a municipal tennis facility
known as the McLeland Tennis Center, located at 1600 West Seminary Drive,Fort Worth,Texas 76115;
WHEREAS, on September 1, 2016, City and Contractor entered into a Management Agreement
for McLeland Tennis Center to provide professional tennis management services for the convenience and
enjoyment of the public,the same being City Secretary Contract(CSC)No. 48111 ("Agreement");
WHEREAS, the Agreement provides a primary term of five-years and may be renewed for two-
successive five-year periods(each a"Renewal Term");
WHEREAS, the parties executed a First Amendment to, among other things, clarify ownership
and management of websites and social media related to the Center,the same being CSC No. 48111-A1;
WHEREAS, Contractor was required to pay the City an annual capital improvement fee, which
was set at$9,000 for the 2020-2021 contract year(September 1, 2020);
WHEREAS, in lieu of paying the City the entire amount, the Contractor desired to make capital
improvements to the Center in an amount up to $4,500.00 which included resurfacing the hitting wall,
repurposing two tennis courts into four pickleball courts,and improving the inside and outside playing area;
WHEREAS,the parties executed a Second Amendment to set forth the payment structure for the
capital improvement fee for the 2020-2021 contract year,the same being CSC No.48111-A2;
WHEREAS,the Parties desire to amend the Agreement to clarify the terms and conditions under
Section 4;
WHEREAS, it is further the collective desire of the Parties to renew the Agreement through the
first renewal term; and
NOWTHEREFORE,City and Contractor agree to amend and renew the Agreement as follows:
OFFICIAL RECORD
CITY SECRETARY
Third Amendment and First Renewal to CSC 48111 FT. WORTH, TX
I.
AMENDMENTS
1. Section 4.2 of the Agreement is hereby amended to include subsection (d) to read as
follows:
(d) CIF payments for Years 2021 and beyond. All CIF payments beginning in 2021 and
beyond will be subject to a CPI increase.
2. Section 4.3 of the Agreement is hereby amended to include subsection (a) to read as
follows:
(a) By way of example only, rental and CIF payments for Contract Year (CY) renewal
periods beginning 2021 of this Agreement will be:
CY 2021: $25,000+$9,000 CIF Payment+CPI as of 9/1/2021 = $TBD by CPI
CY 2022: $25,000+ $(2021 CIF Payment)+CPI as of 9/1/2022=$TBD by CPI
CY 2023: $25,000+$(2022 CIF Payment)+CPI as of 9/1/2023=$TBD by CPI
CY 2024: $25,000+$(2023 CIF Payment)+CPI as of 9/1/2024=$TBD by CPI
CY 2025: $25,000+$(2024 CIF Payment) + CPI as of 9/l/2025=$TBD by CPI
II.
RENEWAL
City and Contractor agree to renew and extend the Agreement for the First Renewal Term effective
September 1, 2021 and ending on August 31, 2026.
III.
MISCELLANEOUS
a. All terms in this Third Amendment and First Renewal that are capitalized but not defined
shall have the meanings ascribed to them in the Agreement.
b. All terms and conditions of the Agreement that are not expressly amended pursuant to this
Third Amendment and First Renewal shall remain in full force and effect.
Third Amendment and First Renewal to CSC 48111 Page 2 of 3
IN WITNESS WHEREOF,the Parties have executed this Third Amendment and First Renewal
in Tarrant County,Fort Worth,Texas.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
Y signing I acknowledge that I am the person
s� responsible for the monitoring and administration of
y:Valerie Washington(Jul 16,202112:54 CW this contract,including ensuring all performance and
Valerie Washington reporting requirements.
Assistant City Manager
Date: y:
Jul 16) 2021 MaVCHS CVUegot
Marcus Gallegos
APPROVAL RECOMMENDED: District Superintendent
Park&Recreation Department
Richard Zavala
y: Richard Zavala(Jul15,202117:30 CDT) APPROVED AS TO FORM AND
Richard Zavala EGALITY:
Director Park&Recreation Department /
By: Nico Arias(Jul 16,202108:39 CDT)
Nico Arias
/� Assistant City Attorney 00
p� °Fonr�aad
y ATTEST: ��o °o��d
Dave Lewis �v o 0 0
Assistant Director o° ° *9
R v� P, �r �
Park&Recreation Department y:Ronald P.Gonzales(JG116,202114:11 CDT) aka °°°°°°° a
Ronald P. Gonzales �E�p5aa
Acting City Secretary
CONTRACT AUTHORIZATION:
&C: C-27791 (8/9/2016)
orm 1295: 2016-62592
LIFETIME TENNIS INC. DBA IMPACT
ACTIVITIES
By:Matthew Hanlin(Jul 14,202119:27 CDT)
Matt Hanlin
President and Executive Director
OFFICIAL RECORD
CITY SECRETARY
Third Amendment and First Renewal to CSC 48111 FT. WORTH, TX