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CONTRACT 40 01
SUPPLEMENTAL AGREEMENT NO. 1
TO
Lease Number DA 41-443-ENG-1984
Land Lease Between City of Fort Worth, Texas
And the United States of America
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THIS SUPPLEMENTAL AGREEMENT, made and entered into this 24tn day
of September, 2002, by and between the CITY OF FORT WORTH, TEXAS, A
MUNICIPAL CORPORATION, 1.000 THROCKMORTON STREET, FORT WORTH, TEXAS
76102, whose interest in the property hereinafter described is that
of Leasehold, hereinafter called the Lessor, and the UNITED STATES
OF AMERICA, Lessee, hereinafter called the Government or the Army:
WHEREAS, on November 14, 1952, Lease Number DA 41-443-ENG-1984,
hereinafter called the Lease, was entered into between the Lessor
and the Government covering the Leasehold for the period of October
29, 1952 through June 30, 1953, with automatic one-year extens-J-ons
until June 30, 2003, terminable upon thirty (30) days written
notice by the Government;
WHEREAS, the Government has notified the Lessor that it intends
to terminate the Lease as provided therein on November 1, 2002 and
has provided the Lessor with written notice per the lease
requirements;
WHEREAS, the Government has undertaken to restore the premises
to the standards as required under the Lease,
WHEREAS, the Lessor contends that an additional estimated
Twenty One Thousand Six Hundred and Sixty-Four Dollars ($21, 664 . 00)
worth of restoration work is required to meet the standards
required by the Lease;
WHEREAS, the Government has determined that it is advantageous
and in the interest of the Government to pay to Lessor the sum of
Ten Thousand Eight- Hundred and 'Thirty -Two Dollars "$10, 832 . 00) in
settlement of all claims of the Lessor essor arising out of and under the
Lease;
WHEREAS, the Lessor is willing, in lieu or any further
per'ormance by the Government of res--o-rat-ion of t-he P--e mises
re,(,�, ',, red bv the Tlease, to acceot the sum of Ten Thousand Eiaht-
and Th 4 Lrtv-Two Dol-lars (1$1_0, 832 . 001 in settlement of al-
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Df the -essor arising out of and under the Lease; and
WHEREAS, the he part j-es hereto desire to amend the above 'Lease to
provide for payment o r-s-1-o-
T f in setti-ement of all claims of
the Llessor therefore.
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NOW THEREFORE, for the mutual benefits derived by each party
hereto, the Lease is amended, effective 24 September 2002 , as
follows :
1 . That, the Government shall pay to the Lessor the sum of Ten
Thousand Eight Hundred and Thirty-Two Dollars ($10, 832 . 00) in
settlement of the Lessor' s claims for additional restoration under
Paragraph 5 of the Lease . The check shall be made payable to:
CITY OF FORT WORTH, ATTN: JOE PANIAGUA, CITY MANAGER' S OFFICE,
1000 THROCKMORTON STREET, FORT WORTH, TX 76102 , by: U.S . Army
Corps of Engineers Finance Center, ATTN: CEFC-AO, 5722 Integrity
Drive, Millington, Tennessee 38054-5005 . The Government shall make
full payment to the Lessor the sum of Ten Thousand Eight Hundred
and Thirty-Two Dollars ($10, 832 . 00) no later than November 1, 2002 .
2 . The Lessor will assume custody and care of the said premises
on November 1, 2002 or upon receipt in full of Ten Thousand Eight
Hundred and Thirty-Two Dollars ($10, 832 . 00) , whichever comes first,
upon which the lease will be terminated and the Government and the
Lessor thereafter will be relieved from any further responsibility
under the lease terms .
3 . Upon termination of the lease, the Lessor hereby remises,
releases and forever discharges the Government, its officers,
agents, and employees, of and from any and all manner of actions,
liability and claims, except for any unpaid rent for the period
ending 1 November 2002 , against the Government, its officers,
agents, and employees which the Lessor has or ever will have for
the restoration of said premises .
4 . That it is understood and agreed that this agreement is the
compromise of disputed claims and that this agreement is not to be
construed as an admission of liability on the part of the parties
hereto, each of which have entered into this Supplemental Agreement
to avoid further dispute or litigation and to buy peace .
5 . That no member of or delegate to Congress or resident
commissioner shall be admitted to any share or part of this
agreement or to any benefit to arise therefrom, but this provision
shall not be construed to extend to this agreement if made with a
corporation for its general benefit .
This amendment is subject to all other terms and conditions of
the Lease which shall remain in force and effect .
IN WITNESS WHEREOF, the parties subscribed their names as of
the above date .
LESSOR: THE CITY OF FORT WORTH, TEXAS,
A MUNICIPAL-CORPORATION
ATrMD By
BY:
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jo(�� P gu a
Assi an Ci Manager Ll� u
Contract AuthorizatiOn
UNITED STATES OF AMERICA
BY:
J
HY AD Date
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Cl�Z , RVal Estate Division
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(LUMP SUM: $10, 832 .00)
App#ov-a AS TO row, An 10,-almm
%issistant Clit-w Att6rher
11- V,
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City o,f Fort Worth, Texas
"agar Conti cou"Cit izommunication
DATE REFERENCE NUMBER LbG NAME PAGE
9/24142 **C-19261 80VAN 1 of 2
SUBJECT SUPPLEMENTAL AGREEMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 2844
WITH THE UNITED STATES OF AMERICA, ARMY CORPS OF ENGINEERS FOR THE
VAN ZANDT ARMY RESERVE TRAINING CENTER FOR THE PARKS AND
COMMUNITY SERVICES DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute Supplemental Agreement No. 1 to City Secretary Contract
No. 2844 with the United States of America, Army Corps of Engineers (COE) for the restoration of
the grounds at the former Van Zandt Army Reserve Training Center; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
General Fund by $10,832 in FY2002-2003, subject to receipt of payment from COE.
DISCUSSION:
On November 14, 1952, the City of Fort Worth entered into a lease with COE for the Van Zandt Army
Reserve Training Center. The lease was for one-year with automatic one-year extensions until June
30, 2003.
In April 2000, per the terms of the lease agreement, the COE notified City staff of their intent to
terminate the lease. The lease terms give the City the option of requiring the property to be restored by
the COE to as good condition as existed at the time of entering into the lease. Various departmental
staff members conducted inspections of the facilities to assess the conditions of the buildings and
property. It was determined that it would be in the City's best interest to require the COE to have the
structures demolished and restored to preexisting conditions. On August 9, 2001, a letter was sent to
the Mayor and City Council outlining the condition of the buildings and property.
The COE has demolished the structure and in its opinion, restored the premises to the standards as
required under the lease. The Parks and Community Services Department does not concur with the
COE's assessment. Based on information provided by the Parks and Community Services
Department, the COE determined that it would cost $21,664 to restore the site as requested. At the
request of COE, City staff entered into negotiations with the COE to reduce the restoration cost. The
Parks and Community Services Department and the COE agreed that the COE would provide the
necessary funds to purchase the materials to restore the site and the Parks and Community Services
Department would provide the labor and oversee the restoration of the site for a total cost of$10,832.
Once funds are received from the COE, the lease will be terminated with the COE and the City
thereafter will be relieved from any further responsibility under the lease terms.
City of Font Worth, Texas
"01.4or a"d council i;ommunication
DATE REFERENCE NUMBER LOG NAME PAGE
9124/02 **C-19261 80VAN 2 of 2
SUBJECT SUPPLEMENTAL AGREEMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 2844
WITH THE UNITED STATES OF AMERICA, ARMY CORPS OF ENGINEERS FOR THE
VAN ZANDT ARMY RESERVE TRAINING CENTER FOR THE PARKS AND
COMMUNITY SERVICES DEPARTMENT
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Parks and Community Services Department is responsible for
the collection and deposit of funds due under this agreement.
JP:n
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GG01 481306 0807021 $,10,832.00
Joe Paniagua 6140 GG01 Various 0807021 ; 10,832.00
Originating Department Head:
Richard Zavala 5 704 (from) APPROVED 9124/02
ORD7 #15260
Additional Information Contact:
Sandra Youngblood 5755