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HomeMy WebLinkAboutContract 41643-A1 CITY SECRETARY COI`tTRACT NQ. SECRETARY, L) STATE OF TEXAS § FIRST AMENDMENT TO § CITY SECRETARY CONTRACT COUNTY OF TARRANT § NO. 41643 This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 41643 ("First Amendment") 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 the U.S. General Services Administration ("Grantee"), acting by and through its duly authorized Contracting Officer, Owner of the property located at 819 Taylor Street, Fort Worth, Texas 76102 ("Property"). WHEREAS, the Grantee and the City are parties to Fort Worth City Secretary Contract- 41643, an Encroachment Agreement that gives Grantee permission to construct/install and/or allow to remain, improvements that encroach on, use, and/or occupy portions of the space under, on and/or above the public park known as Federal Plaza and closed Monroe Street; and WHEREAS, Section 6 of the Encroachment Agreement establishes a fee that is intended to "defray all cost of inspection and supervision which City has incurred or will incur as a result of the construction,maintenance, inspection or management of the encroachments and uses"; and WHEREAS, on further consideration, City and Grantee agree that the fee as originally established in the Encroachment Agreement is not sufficient to defray all anticipated costs; and WHEREAS, the parties wish to amend the Encroachment Agreement to increase the fee to an amount that more accurately reflects the anticipated costs. NOW, THEREFORE,City and Grantee do hereby agree as follows: I. That Section 6 of City Secretary Contract 41643 is hereby deleted in its entirety and replaced with a new Section 6 to read as follows: In order to defray all cost of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection, or management of the First Amendment to Contract No.41643 Page 1 of 2 encroachments and uses provided for by the Encroachment Agreement, Grantee agrees to pay to City at the time the First Amendment is executed a fee in the sum of FORTY THOUSAND AND NO/100TH DOLLARS ($40,000.00). II. That all other provisions of City Secretary Contract 41643 that are not expressly amended herein shall remain in full force and effect throughout the term of the Encroachment Agreement. Executed on this the ?4� day of V-Y%-9— , 2011. CITY OF FORT WORTH,TEXAS U.S.GENERAL SERVICES ADMINISTRATION L) Susan anis Lonnie B. Wright (� Assistant City Manager Contracting Officer ATTEST: �� "on �4- 0 IC�iI.I` �o o 0 Hendrix o o. �4ad� ity Secretary �� o°°00000000 rid 00 C APPROVED AS TO FORM AND LEGALITY: OFFICIAL RECORD CITY SECRETARY FT: WORTH, TX Denis . McE o Assistant City Attorney 110 M& ; 1: I11�.E13 NO M&C REQUIRED First Amendment to Contract No.41643 Page 2 of 2