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HomeMy WebLinkAboutContract 33895 CITY NO.NOY O. SECOND AMENDMENT TO LEASE AGREEMENT This Second Amendment to Lease Agreement ("Second Amendment") is entered into by and between the City of Fort Worth, a home-rule municipal corporation ("Landlord"), and the Fort Worth Museum of Science and History Corporation, a Texas non-profit corporation,("Tenant"). RECITALS A. Landlord and Tenant entered into a Lease dated February 20, 1995 ("Lease")City Secretary Contract Number 20587, covering land in the Tract 1 of the J.P. Montgomery Survey in Tarrant County, and more particularly described in the attached Exhibit A("Leased Premises"). B. Tenant has operated the Fort Worth Museum of Science and History on the Leased Premises since entering into the lease and proposes to place temporary buildings on a portion of Lot 4, Block 1 of the Western Heritage Center Addition to the City of Fort Worth,Tarrant County,Texas shown on Exhibit "B" ("Temporary Building Site'), such temporary buildings are necessary for its operations of the Museum of Science and History. C. Landlord and Tenant agreed to amended the Lease to include the Temporary Building Site and lease the Temporary Building Site to Tenant for thirty days under the same terms and conditions as contained in the Lease. D. Landlord and Tenant desire to amend the Lease to include the Temporary Building Site and lease the Temporary Building Site to Tenant for one year under the same terms and conditions as contained in the Lease. AGREEMENT In consideration of the mutual covenants contained in this Second Amendment, Landlord and Tenant agree to amend the Lease as follows: Leased Premises. Section 1.1 subsection (a) of the Lease and Exhibit "A" attached to the Lease are amended to provide that the Leased Premises are comprised of the land described in Exhibit "A" and Exhibit`B" attached hereto. The Lease for the land shown on Exhibit B will remain in full force and effect for one year, unless further extended, as agreed to by the parties in writing. Except as amended by this Second Amendment, all of the terms and conditions of the Lease are ratified and remain in full force and effect. n^ cl lid Second Amendment to Science and History Lease, ` RIS EXECUTED as of the day of fie' t' 2006. LANDLORD: I CITY FO TH contr�ac"c' i(u�t�hor i zat,on Joe Pia g Assis ant 6nager Dace ATTEST: APPROV D AS TO FORM AND L ALI : - f""\A 1'4 City Secretary Assistant ity Attorney jT F WOR MUS OF SCIENCE AND HISTORY CORPORATION SM MARY L.MAHANAY President Notary Public STATE OF TEXAS Comm.Exp.July 29,2010 First Amendment to Science and History Lease 2 qp pp pp STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on PO I 0 J�2 by Joe Paniagua, Assistant City Manager of the City of Fort Worth, a municipal corporation, on behalf of said corporation. BEYTY J.TANNER MY COMMISSION EXPIRES ;, •• .* M& 31,2010 tary u i tate of Texas STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on /-}aAcAS f-,�,lo(.,_ by VA/V I`Gr A L , President of the Fort Worth Museum of Science and History Corporation, on behalf of said corporation. Notary Public, ate of Texas (� MARY L.MAHANAY Notary Public yam% STATE OF TEXAS OF My Comm.Exp.July 29,2010 First Amendment to Science and History Lease 3 Q�`�U°� EK, EXHIBIT "A" The tract of land and grounas set aside for the use of the Fort Wog w Museum of Science and History Corporation is a portion of Tract 1 of the J. P. Montgomery Survey in Tarrant County, Texas, title to which is in the City of Fort Worth by deed recorded in Volume 1281, at page 499 of the Deed Records of Tarrant County, Texas, and is more particularly described as follows: COMMENCING at an iron pin on the northeast corner of Crestline Road and Montgomery Street, said pin bears East 20.0 feet and North 3.2 feet from the original Southwest corner of the tract described in Volume 1281, Page 499, of the Deed Records of Tarrant County, Texas; THENCE: North, parallel with and 10.0 feet East of the face of the present east curb of Montgomery Street, for a distance of 450.00 feet (passing at 355.1 feet an iron pin) to a point for corner; THENCE: South 89° 27' 18" East for a distance of 398.07 feet to a point for corner; THENCE: South 0° 17' West parallel with and 10.0 feet west of the face of the proposed west curb of Gendy Street for a distance of 450.02 feet to a point for corner; THENCE: North 89° 27' West parallel with and 12.0 feet North of the face of the present north curb of Crestline Road for a distance of 395.84 feet to the PLACE OF BEGINNING, and containing 178,654 square feet of land, more or less. S 8 '218" E 398.07' 1 LA � o W 0 z z w a o 2 a N FORT* WORTH MUSEUM OF SCIENCE 6 HISTORY ' AREA 178,654 SQ.FT N 89'27 ' W 7INT OF CRESTLINE ROAD PO . BEGINNING EXHIBIT ' A ' CARTER G BURGESS,INC. NOF T r� SCALE : 1 0 = 60, ENGINEERS • PLANNERS 1,66YA[OM 7111[R// owl 1t1)J[OIf1 WORIK 7[ui 111 EXHIBIT "B" FORTWORTH Real Property Description for a Proposed Lease Site at the Western Heritage Center Addition A parcel of land out of Lot 4, Block 1, Western Heritage Center Addition, an Addition to the City of Fort Worth, according to plat recorded in Cabinet A, Slide Number 5951, Plat Records, Tarrant County, Texas, and being more fully described by metes and bounds as follows; BEGINNING at the most south southwest corner of said Lot 4, from which a 5/8' iron rod found with an aluminum cap stamped " City of Fort Worth Survey" bears South 89 degrees 41 minutes 24 seconds East, 5.0 feet; THENCE: North 45 degrees 11 minutes 59 seconds West, 28.46 feet to the most west southwest corner of said Lot; THENCE: North 00 degrees 42 minutes 35 seconds West, at 5.0 feet in pass a 5/8" iron round found with an aluminum cap stamped " City of Fort Worth Survey" in all 138.41 feet to a tack hub set for the northwest corner of proposed lease site; THENCE: North 89 degrees 40 minutes 05 seconds East, at 251.98 feet, pass a 5/8' iron rod found with a red plastic cap marked"City of Fort Worth, Survey Division" for the southwest corner of Lot 3 according to said plat, in all 394.14 feet to a 5/8' iron rod found with a red plastic cap marked "City of Fort Worth, Survey Division" in the west right-of- way of Gendy Street according to a plat recorded in Cabinet A, Slide Number 8180, Plat Records Tarrant County Texas; THENCE: with the said west right-of-way line South 00 degrees 14 minutes 42 seconds West, 151.58 feet to a 5/8" iron rod found with an yellow cap stamped Cater and Burgess; THENCE: South 44 degrees 59 minutes 49 seconds West, 16.35 feet to a 5/8" iron rod found with an yellow cap stamped Cater and Burgess, the most south southeast corner of said Lot 4; THENCE: North 89 degrees 41 minutes 24 seconds West, 360.02 feet to the Place of Beginning, and containing some 1.44 acres (62,900 square feet) of land, more or less. ENGINEERING DEPARTMENT p SURVEY DIVISION THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102-6311 (817) 871-7925 * FAX (817) 871-8845 0 Printed on r/ec�ycl paper I/v Surveyed on the ground in the month of June, 2006. Bearing Base: Texas coordinate system, north Central Zone, NAD 83, Via the City of Fort Worth GPS network, distance are ground measurements. Note: In accordance with the Texas Board of Professional Land Surveying, general rules of Procedure and Practices, 6563.19(9),this " report" consists of the real property description included herein and a Map of Survey, attached herewith. r ° . . a: HAMS K. HANSEN \1 . .. °9 47 ( � CFW. RED CAPPED 5/8' IRF G NORTHWEST CORNER RITAGE CENTER ADDITI❑N, OF LOT 4 NG TO PLAT RECORDED IN TARRANT COUNTY, ITE. ftj �1J CABINET PJ LOT- 4 W TACK HUB SET 0 3 QCT• N C6 0 Z Scale: 1 " = 50' N. 5.0' FROM CORNER N 45°11'59' W CFW 28.46' LU, CAPPED 44- -E. 5.0' FROM CORNER 5/8' REF. IRF MAP PREPARED BY SELWYN D. DICKERSON P. O . B. MOST SOUTH SOUTHWEST CORNER 5 0 0 FORT WORTH LOT-4, BLOCK 1 WESTERN HERITAGE CENTER ADDITION Y„ — — —T--- — —� -` Department of Engineering Survey Division R DATE 06/08 f 06 SCALE 1"- 0' 1 2 3 y DRAWN BYSDDFILE NO 6158600 - Gty of Fart Vw-t/1, Tx 1000 T►+rocknorta� SC 76!02 PYu 87I-79p1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/11/2006 DATE: Tuesday, July 11, 2006 LOG NAME: 25MUSEUMS&H REFERENCE NO.: C-21561 SUBJECT: Authorize Execution of the Second Amendment to the Lease Agreement with the Fort Worth Museum of Science and History Corporation to Include Property South of the National Cowgirl Museum and Hall of Fame for the Placement of the Temporary Buildings RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the Second Amendment to the Lease Agreement with the Fort Worth Museum of Science and History Corporation ("Corporation") to include property south of the National Cowgirl Museum and Hall of Fame for the placement of the Temporary Buildings as outlined below for a period of one year. DISCUSSION: On January 17, 1995, (M&C C-14641) the City Council authorized a Lease Agreement with the Fort Worth Museum of Science and History Corporation for use of the Museum of Science and History building for a term of five years with two automatic five-year renewal terms at no cost to the Museum to expire on September 30, 2009. The lease provides that the Corporation is responsible for all maintenance, utilities, and insurance. The Fort Worth Museum of Science and History Corporation has begun plans for a major expansion project of the Museum building and has requested permission to place temporary buildings on a portion of the parking area south of the National Cowgirl Museum and Hall of Fame (Lot 4, Block 1 of the Western Heritage Center Addition to the City of Fort Worth as shown on the attached Exhibit "B") in order to continue museum operations during the design, demolition and construction of the Museum. On June 15, 2005, (City Secretary Contract Number 33625) the City entered into a First Amendment of the Lease Agreement for a period of 30 days to include the Temporary Building Site under the same terms and conditions as contained in the Lease to expire on July 14, 2006. The proposed Second Amendment would be for a period of one year and include the Temporary Building Site as shown on the attached Exhibit "B", under the same terms and conditions as contained in the Lease. These temporary buildings are necessary for Tenant's museum operations during the design process. The Amendment would allow the Fort Worth Museum of Science and History Corporation an opportunity to design the improvements and renovations to the Museum subject to the approval of City Council and to negotiate a new 50-year lease. The Fort Worth Science Museum and Temporary Building are located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. ,ogname: 60SOUTHWEST Page 1 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office bT. Joe Paniagua (6191) Originating Department Head: Kirk Slaughter(2501) Additional Information Contact: Cynthia Garcia (7611) ,ogname: 60SOUTHWEST Page 2 of 2