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HomeMy WebLinkAbout059311-A2R2 - General - Contract - Friends of Tandy Hills Natural Area, Inc.CSC No. 59311-A2R2 SECOND AMENDMENT AND SECOND RENEWAL OF CITY SECRETARY CONTRACT NO. 59311 This SECOND AMENDMENT AND SECOND RENEWAL ("Second Amendment and Second Renewal") OF CITY SECRETARY CONTRACT NO. 59311 ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a home -rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and FRIENDS OF TANDY HILLS NATURAL AREA, INC. ("FOTHNA"), a Texas nonprofit corporation, acting by and through its duly authorized representative. City and FOTHNA are herein referred to individually as a ("Party") and collectively as the ("Parties"). WHEREAS, the City owns approximately 155.25 acres of property known as (i) Tandy Hills Park and Tandy Hills Nature Area, located at 3325 View Street, Fort Worth, Texas 76103; (ii) Stratford Park, located at 2220 Chelsea Road, Fort Worth, Texas 76103; and (iii) Stratford Nature Area, located at 3520 East Freeway, Fort Worth, Texas 76103; WHEREAS, FOTHNA has served as the coordinating support group for Tandy Hills Park and Tandy Hills Nature Area since April 1, 2009 pursuant to City Secretary Contract ("CSC") Numbers 40077, 40077-R1, 40077-R2 and 46672, 46672-R1, 46672-R2; WHEREAS, FOTHNA supports the conservation and management of Tandy Hills Park and Tandy Hills Nature Area; WHEREAS, FOTHNA sponsors events throughout the year to raise awareness of and funds for Tandy Hills Park and Tandy Hills Nature Area; WHEREAS, in June of 2020, the City purchased Broadcast Hill, an approximately 50-acre open space property adjacent to Tandy Hills Natural Area; WHEREAS, City Secretary Contract Number 46672-R2 expired on March 31, 2021; WHEREAS, on May 2, 2023, the City and FOTHNA entered into a new agreement for FOTHNA's continued support of Tandy Hills Park, Tandy Hills Nature Area, Stratford Park, Stratford Park Nature Area, and the open space Broadcast Hill properties, effective on July 1, 2022, and expiring on June 30, 2024; WHEREAS, the Agreement provides a primary term of two -years and two (2) two-year renewal terms to begin annually on July I' (each a "Renewal Term"); WHEREAS, on October 30, 2024, the City and FOTHNA amended the Agreement to provide updated mailing information and renewed the agreement for the First Renewal term to expire on June 30, 2026; WHEREAS, the Parties wish to amend the agreement to include approximately 16.41 acres of land located at (i) 2001 Ben Avenue, (ii) 1950 Ben Avenue, (iii) 1900 Ben Avenue, and (iv) 3044 East Freeway, Fort Worth, Tarrant County, Texas 76112 as approved in Mayor and Council Communication 25-1173 approved on December 09, 2025; OFFICIAL RECORD Second Amendment and Second Renewal of CSC 59311 CITY SECRETARY Page 1 of 4 FT. WORTH, TX WHEREAS, it is the collective desire of the Parties to extend this Agreement through the Second Renewal Term; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the City and FOTHNA agree to amend and renew the Agreement as follows: I. The City and FOTHNA agree to amend the agreement to include approximately 16.41 acres of land located at (i) 2001 Ben Avenue, (ii) 1950 Ben Avenue, (iii) 1900 Ben Avenue, and (iv) 3044 East Freeway, Fort Worth, Tarrant County, Texas 76112, as set forth in Exhibit A-2, attached hereto. II. The City and FOTHNA hereby agree to renew the Agreement for a two-year period effective beginning on July 1, 2026, and expiring on June 30, 2028 ("Second Renewal Term"). M. 1. All terms and conditions of the Agreement that are not expressly amended pursuant to this Second Amendment and Second Renewal shall remain in full force and effect. 2. All terms in this Second Amendment and Second Renewal that are capitalized but not defined herein shall have the same meanings assigned to them in the Agreement. (Signature page follows) Second Amendment and Second Renewal of CSC 59311 Page 2 of 4 IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment and Second Renewal in multiples. City: By: Name: Title: Date: banal 8G&Ar UU Dana Burghdoff (Jun , 2026 17. :47 CDT) Dana Burghdoff Assistant City Manager 06/24/2026 FOTHNA: By: Name: Title: DY (JL} 3, 2026 19:36:42 CDT) Henry D Young Jr. President Email: donyoungglass@gmail.com Date: 06/23/2026 FOR THE CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: Teresa 7howgoit By: Teresa Thomason (Jun 24, 2026 08:37:10 CDT) Name: Teresa Thomason Title: Deputy Director Park & Recreation Department Wh'`.J By: Joel McKnight (Jun 24, 2026 06:44:28 CDT) Name: Joel McKnight Title: Assistant Director Park & Recreation Department 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. By: 00-tl� A Name: Omotayo UAjOayi Title: District Superintendent Park & Recreation Department City Secretary: Approved as to Form and Legality: By. Im r ' By. Name: Hye Won Kim Name Title: Assistant City Attorney Contract Authorization: M&C: 25-1173 Approval Date: 12/09/2025 Form 1295: N/A Second Amendment and Second Renewal of CSC 59311 Jannette S. Goodall Title: City Secretary ,00nopp a� F�RTA0°$ e°ems ooA Ovo o=d Pad*% 000*�d o p OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 3 of 4 Exhibit A-2 PREMISES MAYOR AND COUNCIL. COMMUNICATION MAP Council District 11 Ben Avenue Parkland K Open -space acquisition a •�=r 1 ' ' . J/11A 1 N JOHNSON. ENOCH S SURVEV Abstract 052. Tract 1CO2. IC2-1C3 (3044 East Freewin.) A JOHNSON, ENOCH S SI-R1TX Absnstct 052, Tract IA06 (2001 Are Arrew); N 11EADOVI'31EW NORTH ADDITION. Bbork I Lot 4 (1900 Bee A.eeee); WADOUATEW NORTH ADDMON. Block 1 Lat 3.119-0 Arn Avroar) 0 120 240 FM C opsrigM C 2025 City of Fort We"Im. Uncut►orited reproduction is a stolatioo of appbrable laws. 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General Second Amendment and Second Renewal of CSC 59311 Page 4 of 4 M&C Review Page 1 of 2 Official site of the City a Pon Worth, Te CITY COUNCIL AGENDA FoeT it Create New From This M&C DATE: 12/9/2025 REFERENCE M&C 25-1173 LOG NAME: 21OPEN SPACE/PARD NO.: ACID BEN AVENUE CODE: L TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: (CD 11) Authorize the Acquisition of a Fee Simple Interest in Approximately 16.41?Acres of Land Located at 2001 Ben Avenue, 1950 Ben Avenue, 1900 Ben Avenue, and?3044 East Freeway, Fort Worth, Tarrant County, Texas 76112 from New World Trade Center I LTD in the Amount of $2,650,000.00 for the Open Space Conservation Program and Parkland Expansion, Authorize the Payment of Closing Costs in an Amount Up to $65,000.00, Authorize Up to $35,000.00 for Pre -Acquisition Costs and Staff Time, Adopt Appropriation Ordinances, and Amend the Fiscal Years 2026?-2030 Capital Improvement Program (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council: Authorize the acquisition of a fee simple interest in approximately 16.41 acres of land located at 2001 Ben Avenue, 1950 Ben Avenue, 1900 Ben Avenue, and 3044 East Freeway, Fort Worth, Tarrant County, Texas 76112 from New World Trade Center 1 LTD7in the amount of $2,650,000.00; Authorize the payment of closing costs in an amount up to $65,000.00; Authorize expenditure of Open Space Conservation Program funds in an amount up to $35,000.00 for pre -acquisition costs and staff time; Adopt the attached appropriation ordinance adjusting appropriations in the 202278ond Program Fund,?by increasing estimated receipts and appropriations in the OSAcq — Ben Avenue project (City Project No. 106526) in the amount of $750,000.00 and decreasing estimated receipts and appropriations in the Open Space Appropriations project?(City Project No. PA0001) by the same amount;? Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the PARD Dedication Fees Fund, in the amount of $2,000,000.00, from Interest Earnings, for the purpose of funding the Ben Ave land acquisition project (City Project No. 106474); Authorize the City Manager or designee to accept the conveyance, to execute the necessary contract of sale and purchase, and to execute and record the appropriate instruments;? Dedicate 2001 Ben Avenue, approximately? 11.05?acres of the property, as parkland to be an expansion of?Tandy Hills Nature Area Park; Conserve the remainder of?the property, as a natural area under the Open Space Conservation Program; and Amend the Fiscal Years 2026-2030 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to seek approval to acquire land?at 2001 Ben Avenue, 1950 Ben Avenue, 1900 Ben Avenue, and?3044 East Freeway, Fort Worth, Tarrant County, Texas 76112, from New World Trade Center I LTD in a joint acquisition between the Park & Recreation Department (PARD)?in accordance with the GREENprint Fort Worth: Parks, Recreation, Open Space, and Public Realm Master Plan, which calls for the provision of adequate park and recreational areas, and the Open Space Conservation Program in accordance with the program's mission to preserve high quality natural areas in Fort Worth. Approximately?11.05 acres of the acquired property will be dedicated as an?expansion of Tandy Hills Nature Area Park. The Open Space Working Group assessed the properties utilizing the Open Space Tool (mapping) which identifies?properties that are "high priority for conservation" based on available data. There is also a need for adequate parking at the site due to high volumes of visitors, especially during peak wildflower season. Visitors currently park along neighborhood roads and frequently trample sensitive prairie areas to get to official trails. The acquired property may be used to create a parking area and visitor center that will help bring people into the site on official trails and reduce damage to sensitive natural areas. This acquisition will support Fort Worth Mayor Mattie Parker's Good Natured Greenspace Initiative goal of preserving 10,000 acres of greenspace across Fort Worth in the next five years while growing and enhancing the City's park system. New World Trade Center I LTD (Seller) has?agreed to sell the properties for a total purchase price of?$2,650,000.00 ?The purchase price is supported by an independent appraisal.? The mineral estate will not be acquired, and the deed will contain a surface use waiver for the exploration of the mineral estate. The real estate taxes will be pro -rated with the Seller being responsible for taxes due up to the closing date. The City will pay?closing costs in an amount up to $65,000.00. A portion of the purchase price in the amount of $650,000.00, closing costs in an amount up to $65,000.00, and an estimated $35,000.00 to cover pre - acquisition costs such as environmental site assessments, survey, and capitalizable staff salary charges will be provided from the 2022 Bond Program Fund in the Open Space Conservation Program (OSAcq - Ben Avenue City Project No. 106526)?to conserve approximately 4.33 acres as a natural area under the Open Space Conservation Program, with the exact boundaries?to be determined at a later date in conjunction with a PARD master planning effort. Any unused funding upon?project completion will be returned to the Open Space Appropriations project?(City Project No. PA0001) and the 2001 Ben Avenue project (City Project No. 106474), respectively. Funding for this project was not included in the PARD Fiscal Years 2026-2030 Capital Improvement Program due to the unpredictability of parkland acquisitions. The action in this M&C will amend the Fiscal Years 2026 - 2030 Capital Improvement Program as approved in connection with Ordinance 27979-09-2025. This acquisition?is also included in the 2022 Bond Program.?The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the?appropriation. Available resources will be used to make any interim progress payments until debt is issued. Once debt associated with an acquisition is sold, debt proceeds will reimburse?the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). Funding is budgeted in the 2022 Bond Program, PARD Dedication Fees Funds and the General Fund for the Property Management and Park & Recreation Departments for the purpose of funding the OSAcq-Ben Avenue and 2001 Ben Avenue projects. The following table demonstrates the funding for the acquisition: Activity Property Location Fund Amount Fee Simple Interest in approximately 3044 East Freeway, 1900 Ben Avenue, and 34027 - 2022 Bond Program Fund - 33 acres for the Open Space 1950 Ben Avenue, Fort Worth, Tarrant County, 22050199 Prop E Open Spaces (City $650,000.00 Conservation Texas 76103 Project No. PA0001) Fee Simple Interest in approximately 2001 Ben Avenue, Fort Worth, Tarrant County, 30110 - PARD Dedication Fees Fund (City I$2 000,000.00 11.05 acres for PARD Texas 76103 113roject No. 106474) rre-Acquisition & Staff Changes i �j if $35,000.001 http://apps.cfwnet.org/council_packetlmc review.asp?ID=34034&councildate=12/9/2025 6/10/2026 M&C Review Page 2 of 2 34027 - 2022 Bond Program Fund - 22050199 Prop E Open Spaces (City Project No. PA0001) 34027 - 2022 Bond Program Fund - Estimated Closing Costs 22050199 Prop E Open Spaces (City $65,000.00 Project No. PA0001 otal: 2,750,000.00 This property is located in COUNCIL DISTRICT 11. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Open Space Appropriations programmable project within the 2022 Bond Program Fund and in the Unspecified -All Funds project within the PARD Dedication Fees Fund and in the General Fund, and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the 2022 Bond Program Fund for the OSAcq — Ben Avenue project and in the PARD Dedication Fees Fund for the 2001 Ben Avenue project to support the approval of the above recommendations and acquisition of land. Prior to an expenditure being incurred, the Property Management Department, City Manager's Office, and the Park & Recreation Department have the responsibility of verifying the availability of funds. TO ID V ID Year (Chartfield 2) FROM Fund Department Account I Project Program Activity Budget Reference # Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Valerie Washington (6199) Originating Department Head: Marilyn Marvin (7708) Dave Lewis (5717) Additional Information Contact: Stuart Young (8379) Joel McElhany (5745) ATTACHMENTS 21 OPEN SPACE PARD ACQ BEN AVENUE funds avail.docx (CFW Internal) 21 OPENSPACEPARD BenAve FIDs (4).xlsx (CFW Intemal) BEN AVE PARKLAND and OS.odf (Public) Form 1295-Ben Ave.odf (CFW Intemal) ORD.APP 21 OPEN SPACE PARD ACQ BEN AVENUE 30110 A026(5).docx (Public) ORD.APP 21 OPEN SPACE PARD ACQ BEN AVENUE 34027 A026(4).docx (Public) http://apps.cfwnet.org/council_packetlmc review.asp?ID=34034&councildate=12/9/2025 6/10/2026 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: CSC 59311 Friends of Tandy Hills Natural Area, Inc. Subject of the Agreement: Please review and complete the attached Second Amendment and Second Renewal for CSC 59311 with Friends of Tandy Hills Natural Area, Inc. This amendment will update the agreement to include approximately 16.41 acres of additional land pursuant to M&C 25-1173. M&C Approved by the Council? * Yes 8 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes 8 No ❑ CSC 59311 A2 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: July 1, 2026 If different from the approval date. Expiration Date: June 30, 2028 If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. N/A *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.