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Home My WebLink AboutContract 33404 CITY SECRETARY CONTRACT NO . SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 19597 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND MID-WESTERN DEVELOPMENT & REALTY CO. THE STATE OF TEXAS § COUNTY OF TARRANT § This Second Amendment (this "Second Amendment") to City Secretary Contract No. 19597 (the "Agreement") is made and entered into by and between THE CITY OF FORT WORTH, a home-rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, acting herein by and through its duly authorized City Manager, (hereinafter referred to as the "City"), and MID-WESTERN DEVELOPMENT & REALTY, LTD., successor by assignment and conversion to Mid-Western Development & Realty Co. (hereinafter referred to as "MW"), acting herein by and through its duly authorized general partner, and is dated to be effective for all purposes as of March 27, 2006 (the"Effective Date"). WITNESSETH: WHEREAS, on March 1, 1993, the City and MW entered into an agreement known as City Secretary Contract No. 19597, on file in the Office of the City Secretary of Fort Worth, under the terms of which MW leased from the City a parking lot on the west side of the Fort Worth Botanic Garden ("Botanic Parking Lot") (capitalized terms used, and not otherwise defined in this Second Amendment shall have the meanings given them in the Agreement, as amended); WHEREAS, the City and MW entered into an amendment to the Agreement known as City Secretary Contract No. 31541 (the "First Amendment"), providing certain amendments in connection with Phase One of the Botanic Garden's Master Plan which includes the construction and relocation of greenhouses on a portion of the Botanic Parking Lot currently leased to MW; WHEREAS, the City is about to commence on-the-ground construction in connection with Phase One and the reconfiguration of the Botanic Parking Lot, and the City and MW have agreed to further amend City Secretary Contract No. 19597 to define the Amendment Date and provide for the use by MW and its tenant of the Botanic Parking Lot during the City's reconfiguration work; THEREFORE, the City and MW, for good and valuable consideration of the mutual covenants and agreements contained herein, do mutually covenant and agree that said City Secretary Contract No. 19597 is hereby further amended as follows: 1. The City and MW acknowledge and agree that the conditions specified in Section 1 of City Secretary Contract No. 19597, as amended, for the modification of the term "Botanic Parking Lot" to be effective have been satisfied except that clause (d) thereof, providing that all the obligations of the City to reconfigure the parking spaces and make related improvements have been satisfied, has not been fully satisfied. However, the City and MW, as contemplated in the First Amendment, acknowledge and agree that further clarifications to the use by MW and its tenant of the Botanic Parking Lot are required in order for the City to satisfy such obligations. Accordingly, the City and MW agree that the Amendment Date is and shall be March 27, 2006, and that from and after such date MW and its tenant shall begin use of the North Lot pursuant to the terms and provisions of the North Lot Sub-Sublease. (The Amendment Date— March 27, 2006—also is and shall be the commencement date of the North Lot Sub-Sublease). Further, as of such Amendment Date, the City and MW (and its tenant) shall coordinate with the City's construction work as follows: first, the City shall widen the gate at the southeast entrance to the Botanic Parking Lot as required by the First Amendment while MW and its tenant continue to have use of the northern portion of the Botanic Parking Lot with access through the gate at the southwest corner of the Botanic Parking Lot; and, second, after the completion of the widening of the southeast gate, the City shall widen the entrance at the southwest corner of the Botanic Parking Lot as required by the First Amendment, while MW and its tenant continue to have use of the northern portion of the Botanic Parking Lot with access through the expanded gate at the southeast corner of the Botanic Parking Lot. The City and MW (and its tenant) shall effectively communicate and coordinate with each other concerning all work to be done by the City as described above, and throughout this construction period the City further shall complete �II 2 TII J•C7111' I; �� _a the reconfiguration of the Botanic Parking Lot as contemplated in Exhibit "B" attached to the Agreement and as provided in the First Amendment. 2. As of the Amendment Date, being March 27, 2006, the rent for the Botanic Parking Lot is hereby reduced to equal $21,692.00 per year, or $1,807.67 per month, which shall be prorated for the remainder of the month of March 2006, such that MW shall have a credit due to it in the amount $291.56. Further as of the Amendment Date, being March 27, 2006, the rent due under the North Lot Sub-Sublease shall become effective in the amount $11,895.75 per year, or $991.31 per month, with the amount of $159.89 being due and payable for the portion of the month of March 2006 commencing on the Amendment Date. The effect of the foregoing prorations results in a total net credit in favor of MW in the amount of$131.67, which may be credited from the rent due under either (but not both) of the Agreement or the North Lot Sub- Sublease on April 1, 2006. Thereafter, the full monthly rental amount shall be due under each of the Agreement and the North Lot Sub-Sublease as provided in such documents. 3. All other terms and conditions of City Secretary Contract No. 19597, as previously amended, which are not amended herein, shall remain in full force and effect throughout the term of the Agreement, as the same may be renewed and extended in accordance with the terms and provisions set forth therein as modified by this Second Amendment. {Signature Page Follows} 'f IN WITNESS WHEREOF,the parties hereto have executed this Second Amendment to be effective for all purposes as of the Effective Date in Fort Worth, Tarrant County, Texas. ATTEST: CIT"F FORT WORTH City Secretary Libby Watson, Assistant City Manager APPROVED AS TO FORM AND LEGALITY: David Yett, City Attorney By: Assistant ity Attorney MID-WESTERN DEVELOPMENT & NO M&C REQUIRED REALTY LTD., By: Mid-Western Development & Realty Management, L.L.C., Its general partner By: U4" Brent R. der, ana r By: _�;)' � L�adgt6s G. More, Manager 0FF161wL 511LJ405 a ON SK�1HAl2y STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Libby Watson, Assistant City Manager, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that she executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2006. AMY % ROSEUA BARNES �— '� *= MY COMMISSION EXPIRES Notary Public in and for the State of Texas March 31,2009 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Brent R. Hyder and Douglas G. More, known to me to be the persons whose names are subscribed to the foregoing instrument, and respectively acknowledged to me that he or she, as applicable, executed the same for the purposes and consideration therein expressed, as the act and deed of Mid-Western Development & Realty Ltd., and in the capacity therein stated as its duly authorized officer or representative. �/ GIVEN UNDER MY HAND AND SEAL OF OFFICE this 30iday of IA&ICA 2006. Notary Public in and for the State of Texas WILLIAM D. MILLER NOTARY PUBLIC STATE OF TEXAS -'" Pny Gomm. Expires 3-3-2007 5