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HomeMy WebLinkAboutContract 52707-A1R2CSC No. 52707-AlR2 FIRST AMENDMENT AND SECOND RENEWAL OF CITY SECRETARY CONTRACT NO. 52707 This FIRST AMENDMENT AND SECOND RENEWAL ("First Amendment and Second Renewal") is made and entered into by and between the CITY OF FORT WORTH, a home -rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager ("City"), and FOSSIL CREEK LITTLE LEAGUE, a Texas non-profit corporation, acting by and through its duly authorized representative ("Concessionaire"). The City and Concessionaire are herein referred to individually as a ("Party") and collectively as the ("Parties"). WHEREAS, on September 6, 2019, the City and Concessionaire entered into a Concession Agreement for the use of Northwest Community Park to operate the concession stand and maintain the restrooms, as further described in Exhibit A, the same being City Secretary Contract ("CSC") Number 52707 ("Agreement"); WHEREAS, the Agreement provides a primary term of three -years and four (4) one-year renewal terms (each a "Renewal Term"); WHEREAS, the Parties acknowledge that the Primary Term expired on September 5, 2022 and the First Renewal Term was not exercised, and the Parties have continued to perform in accordance with the terms of this Agreement; WHEREAS, the Parties wish to amend the Agreement to update mailing information; WHEREAS, it is the collective desire of the Parties to extend this Agreement through the Second Renewal Term; and NOW, THEREFORE, in consideration of the covenants and agreements contained herein, City and Concessionaire hereby agree to amend and renew and extend the Agreement as follows: I. The Parties hereby agree to amend Section 20, "Notices", of the Agreement to provide updated mailing information for the Concessionaire to read as follows: City of Fort Worth Fossil Creek Little League Park & Recreation Department Attn: Derek Rush 100 Fort Worth Trail PO Box 1583 Fort Worth, Texas 76102 Keller, Texas 76244 With copy to Fort Worth City Attorney's Office at: 100 Fort Worth Trail Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment and Second Renewal of CSC 52707 Page 1 of 4 II. The City and Concessionaire hereby agree to renew and extend the Agreement for a Second Renewal Term, effective beginning on September 6, 2023 and expiring on September 5, 2024. III. 1. All terms in this First Amendment and Second Renewal that are capitalized but not defined shall have the same meanings assigned to them in the Agreement. 2. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment and Second Renewal shall remain in full force and effect. (signatures on following page) First Amendment and Second Renewal of CSC 52707 Page 2 of 4 IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment and Second Renewal in multiples. City: By: op�� Name: Jesica McEachern Title: Assistant City Manager Date: May 7, 2024 Concessionaire: Dunk T. Rush By: Derek J. Rush (May 1, 202410:40 CDT) Name: Derek Rush Title: President & Concession Manager Date: May 1, 2024 FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: By: Aq�e fo-, Name: Dave Lewis Title: Deputy Director Park & Recreation Department Approved as to Form and Legality: f Q� By: Name: Trey Qualls Title: Assistant City Attorney Contract Authorization: M&C: N/A Form 1295: N/A Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. *144 ,l,L.rv-,,- By: Kyle M&ure (May 1, 202410:22 CDT) Name: Kyle McClure Title: Assistant Director Park & Recreation Department City Secretary: By: Name: Jannette S. Goodall Title: City Secretary d094pn a>�° foRT��aaddo p 0 s9-+ Pda* oa oog*�a Qa���aE44 gbq OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment and Second Renewal of CSC 52707 Page 3 of 4 EXHIBIT A PREMISES First Amendment and Second Renewal of CSC 52707 Page 4 of 4