HomeMy WebLinkAboutContract 28453-A2A2 CITY SECRETAW24_53-L&�C01�ITRACT#110.
SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 28453-A2,
AN AMENDED AND RESTATED LICENSE AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND COLONIAL COUNTRY CLUB
THIS SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 28453-A2, as
previously amended, ("Second Amendment') is made and entered into by and between the City of Fort Worth,
a home-rule municipal corporation ("City") acting by and through its duly authorized Assistant City Manager,
and the Colonial Country Club, a Texas nonprofit corporation, located at 3735 Country Club Circle, Fort
Worth, Texas("Licensee")acting by and through its duly authorized representative.
WHEREAS, on March 18, 2003, the City and Licensee entered into City Secretary Contract("CSC")
number 28453, a license agreement providing the Licensee with use of a certain portion of Forest Park for the
purpose of providing ancillary services and related activities for the annual Colonial PGA Tour Golf
Tournament, an event that provides many benefits to the City, including, but not limited to, annually attracting
thousands of visitors and tourist, and providing a positive economic impact;
WHEREAS, on the May 22, 2013, the City and Licensee entered into CSC No. 28453-A2, which
amended CSC No. 28453, in its entirety to, among other things, extend the term of the agreement and update
the license fee arrangement;
WHEREAS, CSC No. 28453-A2 consists of ten (10) annual license periods of forty-five (45)
consecutive days from May 1St to June 151"of each calendar year(commencing in 2013), with options to renew
on an annual basis;
WHEREAS, on February 6, 2014, the parties amended CSC No. 28453-A2 to revise the dates under
which the forty-five (45) day license period would occur for the 2014 Golf Tournament to help provide
Licensee with the necessary lead time required for event set-up, the same being CSC No. 28453-A1A2 (CSC
Nos. 28453-A2 and 28453-A 1 A2 are collectively referred to herein as the"Agreement');
WHEREAS, the Licensee wishes to revise and extend the license periods (beginning in 2015) from
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forty-five (45) consecutive days to sixty (60) consecutive days between April 1St and June 30t" of each
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< calendar year for the remaining term of the Agreement to allow Licensee more scheduling flexibility for its
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o annual golf tournament and the ancillary services and activities related thereto; and
NOW,THEREFORE, in consideration of the mutual covenants and agreements contained herein,the
City and the Licensee do mutually covenant and agree to amend the Agreement as follows:
o I.
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That Section 2, "Term and Termination", Subsection(a)"Term", of the Agreement is hereby amended
to revise the license period of each calendar year for the remaining term of the Agreement and shall read as
follows:
"(a) Term.
(i) Primary Term - Subject to earlier termination as hereinafter set forth, the
primary term of this Agreement shall consist of ten (10) annual license
OFFICIAL RECORD
CITY SECRETARY
Second Amendment to CSC 28453-A2 FT. WORTH, TX 1 of 3
periods from 2013 through 2022 ("Primary Term"). Licensee's use of the
Premises shall not be continuous through the Primary Term or any renewal
term, but shall be restricted to the license periods set forth below and in the
renewal subsection.
A. 2013 Golf Tournament — The license period for the 2013 Golf
Tournament shall be for a period of forty-five (45) consecutive days,
commencing on May 1, 2013 and ending on June 15, 2013;
B. 2014 Golf Tournament — The license period for the 2014 Golf
Tournament shall be for a period of forty-five (45) consecutive days,
commencing on April 21, 2014 and ending on June 5, 2014; and
C. 2015-2022 Golf Tournaments — The license period for the 2015-2022
Golf Tournaments shall be for a period of sixty (60) consecutive days
between April 11t and June 30' of each calendar year. No later than
January 1 of each year of the Primary Term, Licensee shall notify the
Parks and Community Services Director or that person's designee, in
writing, of its intent to use the Premises for the purposes set forth in this
Agreement, including, but not limited to, the desired dates for the
designated sixty (60) days license period. Nothing contained herein
shall permit the Licensee the right to use the Premises for any period of
time outside the designated sixty (60) day license period, regardless of
whether such time may be between April 1St and June 30th.
(ii) Renewal Terms — Upon the expiration of the Primary Term, the parties may
opt to continue this Agreement on an annual basis upon mutual written
agreement. To continue this Agreement, Licensee must notify the Director
of the Parks and Community Services Department or that person's designee,
in writing, of its intent to use the Premises for the purposes set forth in this
Agreement, including, the desired dates for the designated license period, no
later than January 1 of the year in which the respective Golf Tournament
will be conducted. The default license period for any such renewal shall be
the same as that set forth above in Section 2(a)(i)(C), unless agreed to
otherwise by the parties in writing."
II.
All terms in this Second Amendment that are capitalized but not defined shall have the meaning
assigned to them in the Agreement.
OFFICIAL RECORD
CITY SECRETARY
FT'. WORTH, TX
Second Amendment to CSC 28453-A2 2 of 3
III.
All terms and conditions of the Agreement that are not expressly amended pursuant to this Second
Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment in multiples in
Fort Worth, Tarrant County, Texas,this_�A day of_ D � 2015.
CITY OF FORT WORTH COLONIAL COUNTRY CLUB
By:
By:
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S an Alanis Chuck Scherer
ssistant City Manager President
Approved as to form and legality:
Tyler F. W
Assistant CKy Attorney GG
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City Secr ary �XAS
M&C: C-26195; C- Z 7 Z
Dates: April 9, 2013;April 7, 2015
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L RECORDECRETARYRTH, TX
Second Amendment to CSC 28453-A2 3 of 3
m&u Keview .. Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRT�fl1
COUNCIL ACTION: Approved on 4/7/2015
DATE: 4/7/2015 REFERENCE C-27256 LOG NAME: 8000LONIALCOUNTRYCLUB.60
NO.: DAYS
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of an Amendment to City Secretary Contract No. 28453-A2 with
Colonial Country Club to Lease a Portion of Forest Park for the Colonial Golf Tournament
to Revise the Annual License Period to Sixty Consecutive Days Between April 1 st and
June 30th of Each Calendar Year for the Remaining Term of the Agreement (COUNCIL
DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an amendment to City Secretary
Contract No. 28453-A2, a License Agreement with Colonial Country Club to lease a portion of Forest
Park for the Colonial Golf Tournament to revise the annual license period to sixty consecutive days
between April 1 st and June 30th of each calendar year for the remaining term of the Agreement.
DISCUSSION:
On April 9, 2013, (M&C C-26195) the City Council authorized the City Manager to enter into a
License Agreement with Colonial Country Club (Colonial) providing Colonial with the use of a portion
of Forest Park for ancillary services and related activities for its annual golf tournament, the same
being City Secretary Contract (CSC) No. 28453-A2 (Agreement). The original term of the Agreement
consists of 10 annual license periods of 45 consecutive days from May 1 st to June 15th of each
calendar year.
On February 6, 2014, the parties administratively amended the Agreement to revise the dates under
which the 45-day license period would commence to help provide Colonial with the necessary lead
time required for event set-up, the same being CSC No. 28453-A1A2. In order to allow Colonial more
scheduling flexibility for its annual tournament and the ancillary services and activities related
thereto. Colonial has requested that the license period be extended from 45 consecutive days to 60
consecutive days between April 1 st and June 30th of each calendar year for the remaining term of
the Agreement (commencing with the 2015 golf tournament). At least 90 days prior to the beginning
of each remaining annual license period, Colonial will be required to provide the City with written
notice of its intent to use the licensed premises and its desired 60-day license period.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations, this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Devartment Head: Richard Zavala (5704)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20941&councildate=4/7/2015 4/8/2015
M&C Review �,,, Page 2 of 2
Additional Information Contact: Sandra Youngblood (5755)
ATTACHMENTS
Colonial Lease Site.pdf
Forest Park Aerial Map.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20941&councildate=4/7/2015 4/8/2015