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HomeMy WebLinkAboutContract 34442{.�o i Y ���;REii�R� �(�n�`� �,�r� �s� .��,�y�i�2 AMENDMENT NO. 1 TO ECONOMIC DEVELOPMENT PROGRAM AGREEMENT (CITY SECRETARY CONTRACT NO. 33870) This AMENDMENT NO. 1 TO ASSIGNMENT OF CITY SECRETARY CONTRACT NO. 33870 ("Amendment") is made and entered into by and between the CITY OF FORT WORTH ("City"), a home rule municipal corporation organized under the laws of the State of Texas, and PRESIDIO HOTEL FORT WORTH, L.P. ("Developer"), a Texas limited liability company. The following introductory provisions are true and correct and form the basis of this Amendment: A. As of August 14, 2006 the City and Developer entered into that certain Economic Development Program Agreement on file in the City Secretary's Office as Ciiy Secretary Contract No. 33870 (the "Agreement"). Under the Agreement, Developer agreed, among other things, to construct certain improvements to the Hotel owned by Developer and located at 1701 Commerce Street in the City, which most recently operated as the Plaza Hotel, and committed to malce certain minimum expenditures in the construction of improvements to the Hotel. In return, the City agreed to pay Developer certain Program Grants as authorized by Chapter 380 of the Texas Local Government Code and outlined in the Agreement. B. The Agreement specifies the iypes of expenditures made by Developer that will count toward Developer's minimum spending commitment under the Agreement, which minimum must be attained in order for Developer to qualify for receipt of Program Grants. Although the parties' intent was to count expenditures for furniiure, fixiures and equipment in the Hotel toward Developer's minimum spending commitment, the Agreement erroneously excluded such expendiiures from counting toward that minimum spending commitment. As a result, the parties now wish to amend the Agreement to permit such expenditures to be counted toward Developer's minimum spending commitment under the Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acicnowledged, the City and Developer agree as follows: 1. The definition of Construction Costs, as set forth in Section 2 of the Agreement, is hereby amended to read as follows: Construction Costs means pre-construction costs, demolition costs, hard construction costs, signage costs, architectural and engineering fees, actual costs of furniture, fixtures and equipment located or installed in the Hotel, and the costs of supplies and materials actually expended for the Project, but specifically excludes anv financin� costs associated with the Proiect. Amendment No. 1 to CSC No. 33870 Economic Devefopment Program Agreement with Presidio Hotel Fort Worth, L.P. �,�r����w� � ������ �� �������� �T. �����, Y��. 2. All terms in this Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. 3. All terms and conditions of the Agreement that are not expressly amended pursuant to this Amendment shall remain in full force and effect. EXECUTED in multiples as of the last date indicated below: CITY OF FORT WORTH: �� / � By: ��Q '� �'L",�' � Dale Fisseler t! � Assistant City Manager Date: �:� / �. � � C;���7 ATTEST: ' ������1� ' // / -. By: �� � � �� , �� _ , �;��Mart Hendrix City Secretary APPROVED AS TO FORM AND LEGALITY: � By: / G��� Peter Vaky ;j Assistant City Attorney M&C: none required PRESIDIO HOTEL FORT WORTH, L.P., a Texas limited partnership: By: Presidio otel GenPar, LLC, a Texas limi d liability company: C Name: Title: w Date: � fp � 2.to — o t� P rt-'rt�- Amendment No. 1 to CSC No. 33870 � Economic Development Program Agreement with Presidio Hotel Fort Worth, L.P �- ---- -- —_-� _-- -- . : i- _�,� • �pri.�.= .n., v�l������;i� ;�'��� r� ��P�' ����G����y ��, �����i�, Y��.