HomeMy WebLinkAboutContract 37415CIT`� SECRETARY
CONTRACT NO.
FIRST AMENDMENT TO
CITY SECRETARY CONTRACT NO.32504
LEASE AGREEMENT WITH
LINVILLE AND SMITH ENTERPRISES, INC.
This FIRST AMENDMENT TO THE LEASE AGREEMENT ("Amendment") is
made and entered into by and between THE CITY OF FORT WORTH, a home rule
municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties (hereinafter
referred to as "City" or "Lessor"), acting by and through its duly authorized Assistant
City Manager, and Linville and Smith Enterprises, Inc., a Texas corporation with its
principal offices located in Tarrant County, Texas (hereinafter referred to as "Lessee"),
acting by and through its duly authorized representative.
WHEREAS, on July 19, 2005, the Fort Worth City Council approved M&C C-
22922, which authorized execution of a lease with Lessee to use a portion of Z. Boaz
Golf Course as therein more particularly described (the "Premises") to conduct a
miniature golf course and batting cages; and
WHEREAS, on October 19, 2005, the City and Lessee entered into City Secretary
Contract No. 32504 (the "Lease") for the leasing of the Premises to conduct a miniature
golf course (currently, but not necessarily in the future, under the name "Putt -Putt"),
batting cages, and various other related facilities as identified in the Lease (collectively
"Putt -Putt"); and
WHEREAS, Lessor agrees and stipulates that Lessee is in full compliance with
the Lease and is not in default thereunder; and
WHEREAS, Lessee seeks to construct and operate additional facilities on the
Premises to allow for the addition of a go-kart track with multiple battery -powered
electric go-karts for recreational purposes; and
WHEREAS, on July 15, 2008, the Fort Worth City Council approved M&C C-
22922, which authorized an amendment to the Lease to add authorization for Lessor to
construct a go-kart track and related facilities, and operate and maintain battery -powered
electric go-karts as an allowed use of the Premises; and
WHEREAS, Lessee and the City, with funding now in place, seek to amend the
Lease to expand use of the Premises to include a go-kart track and the operation and
maintenance of recreational battery -powered electric go-karts; and
WHEREAS, it is the mutual desire of the City and Lessee to amend the Lease
accordingly;
WHEREAS, Lessor and Lessee have agreed to modify the terms of the Lease and
incorporate their agreement, as modified into and substituted by this Arf e 60fvPRE
will supersede certain terms of the Lease. CITY SECRETARY
FT WORTH, TX
First Amendment to City Secretary Contract No. 32504 Page 1 of 6
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That the City and Lessee, for and in good and valuable consideration of the
mutual covenants and agreements contained herein, do mutually covenant and agree that
the Lease is hereby amended as follows:
1.
Section 7
USE OF LEASED PREMISES
The Lease is hereby revised to amend Paragraph A of Section 7 entitled "Use of
Leased Premises" in order to allow the Lessee to expand the use of the Premises to
include the construction and maintenance of facilities related to the operation of
recreational battery -powered electric go-karts and to include the operation of recreational
battery -powered electric go-karts. The current Paragraph A of Section 7 of the Lease
entitled "Use of Leased Premises" shall be deleted in its entirety and shall be substituted
by the following:
A. Lessee is granted and shall have the right to use and occupy the Premises for the
purpose of operating a miniature golf course and constructing, operating and
maintaining a track for operation of battery -powered electric go-karts as well as
related other family entertainment recreational activity facilities and equipment,
including, but not limited to, a non -gambling video and game room with various
games that will change from time to time at Lessee's discretion consistent with
other locations occupied by Lessee or its related entities, food and non-alcoholic
beverage concessions, batting cages, parking areas, battery -powered electric go-
kart maintenance shop, and such other and additional improvements, upgrades,
and amenities that Lessee determines in its discretion, with the written approval of
Lessor, which approval shall not be unreasonably withheld, to construct and/or
offer to its patrons in the future provided that any such upgrades, additions and/or
expansions are generally compatible with family -oriented recreational activities
and consistent with the types of activities offered by Lessee or its related entities
at its other Tarrant County locations. At no time shall the Premises be used for
commercial operation of go-karts or other vehicles having internal
combustion engines powered by gasoline or other fuel or combustible
material.
OFFICIAL RECORD
CITY SECRETARY
FT, WORTH, TX
First Amendment to City Secretary Contract No. 32504 Page 2 of 6
2.
Section 9
ITEMS SOLD ON LEASED PREMISES
The Lease is hereby revised to amend Section 9 entitled "Items Sold on Leased
Premises" in order to allow the Lessee to include the battery -powered electric go-kart
tickets and related items to be sold on the Premises. The current Section 9 of the Lease
entitled "Items Sold on Leased Premises" shall be deleted in its entirety and shall be
substituted by the following:
A. Lessee agrees that the prices it charges for the items, goods, and services it sells
shall not be materially in excess of the prices charged for the same items, goods,
or services at other miniature golf courses or go-kart facilities of Lessee or its
related entities in Tarrant County, Texas.
B. In addition to those items as identified in Section 7, Lessee shall also have the
right to stock and sell equipment and/or clothing bearing the name, emblem, logo
and/or symbol of Putt -Putt Golf Course of America, Inc. and/or any other
miniature golf course or family entertainment center that Lessor may later
establish or become associated with to be or being housed or conducted at the
Premises. Further, Lessee shall have the right to stock and sell equipment and/or
clothing bearing the name, emblem, logo and/or symbol of The Race Track at
Putt -Putt Fun Center or words of similar effect and/or any other go-kart facility or
family entertainment center that Lessor may later establish or become associated
with to be or being housed or conducted at the Premises. To the extent otherwise
allowed by law, Lessee shall also have the right to dispense and/or sell prizes
awarded for redeeming tickets granted from ticket dispensing games.
3.
Section 11
ALTERATIONS
The Lease is hereby revised to amend the current first sentence of Paragraph A of
Section 11 "Alterations" in order to limit Lessee's right to alter, demolish, or remove the
screening fence to be built around the outer perimeter of the portion of the Premises that
is to be used to operate a battery -powered electric go-kart track. The current first
sentence of Paragraph A of Section 11 of the Lease entitled "Alterations" shall be deleted
in its entirety and shall be substituted by the following:
A.
General Conditions. Subject to the limitations in Section 1 IA "Screening Fence,"
Lessee may, at any time and from time to time during the Primary Term (and
during all Option Terms), erect, maintain, alter, remodel, reconstruct, rebuild,
replace, demolish, and remove buildings and other improvements on the Premises
and correct and change the contour of the Premises, subject to the following
provisions; however the following provisions shall not apply to_mjw 'Malls,
First Amendment to City Secretary Contract No. 32504
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, %ge mim
The remainder of Paragraph A of Section 11 of the Lease, "Alterations," shall
continue in full force and effect throughout the term of the Lease.
4.
Section 11A
SCREENING FENCE
The Lease is hereby amended to add a new Section 11A to be entitled "Screening
Fence" in order to require Lessee to construct and maintain a screening fence around the
outer portion of the Premises that is to be used to operate a battery -powered electric go-
kart track. Section 11A "Screening Fence" shall read as follows:
Lessee shall erect and continuously maintain a fence around the outer perimeter of
that portion of the Premises that is to be used to operate a battery -powered electric
go-kart track as indicated in the shaded portion of Diagram "A" below. The fence
shall be six feet high when measured from the ground. The fence shall be
composed of vertically oriented, weather resistant slats affixed to non -corrosive
metal posts that shall be firmly anchored in the ground. The slats of the fence
shall be constructed of cedar wood or another material that has been approved in
writing by the Director of the City's Parks and Community Services Department
or his designee. Installation of the fence must be completed before operation of
any battery -powered electric go-karts on the Premises begins. Lessee shall be
responsible for all construction and maintenance costs associated with this fence.
Diagram A. Location of Screening Fence
C atmont avenue
'C1ufaYiause
G o-K art : C*
.Track`,
6 Ft Scre
Fence
Ex i stirs
Mir>i atur
a1f C nurse �'�
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sti 1.Y.�
Exi
atting C ages I
OFFICIAL RECORD
CITI( SECRETARY
FT. WORTH, TX
First Amendment to City Secretary Contract No. 32504 Page 4 of 6
5.
Exhibit B
HAZARDOUS MATERIALS
The current Exhibit "B" to the Lease is hereby deleted in its entirety and shall be
substituted by the Exhibit "B" attached hereto and fully incorporated herein by reference.
6.
All other terms and provisions of the Lease that are not amended by this
Amendment are and shall remain in full force and effect throughout the Primary Term and
all Option Terms of the Lease. The Lease, as amended by this Amendment, is hereby
readopted, reaffirmed and reconfirmed by Lessor and Lessee.
� 1N WITNE S WHEREOF, the parties hereto have executed this Amendment this
10 _ day of 2008 in Fort Worth, Tarrant County, Texas.
ATTEST: CITY OF FORT WORTH
City Manager
De�fis C. Mc
Assistant Ci
M&C: C-22922
LESSEE:
LINVILLE AND SMITH ENTERPRISES, INC.,
By:
Name: RodLinvil
le
Title: Vice President
P. O. Box 152465
Arlington, Texas 76015
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to City Secretary Contract No. 32504
Page 5 of 6
IElaz2k'"0195 I`ViIaatev°Ilals
Gasoline
Window Cleaner
House Paint
Oil
Spray Paint
Rubbing Alcohol
Propane
Grease
Paint Stripper
Rust Remover
Pesticides
Bleach (Floor Cleaner)
Deck Stain
Paint Thinner
Carpet Shampoo
Algaecide
Fast Orange (Hand Cleaner)
Rodent Killer
Fertilizer
Counter Polish
Acetone
Drain Cleaner
Latex Caulk
Mineral Refrigeration Oil
Spackling Paste
Simple Green Cleaner
Concrete Crack Filler
Contact Cement
Carburetor Cleaner
Self -Etching Primer
Gel Degreaser
Insect Repellant
Amsoil
Winer Brake Cleaner
PVC Primer & Cement
Nickel Anti -Seize
Kwik Kool
2 Cycle Oil
Air Tool Oil
Mighty Mike Degreaser & Cleaner
OFFICIAL RE�OR�
CITY SEGRETARY
WORTH, TX
First Amendment to City Secretary Contract No. 32504
Page 6 of 6
Mayor and Council Communication
DATE: Tuesday, July 15, 2008
LOG NAME: 80PUTTPUTT
REFERENCE NO.: *'�C-22922
SUBJECT:
Amend Lease Agreement with Linville and Smith Enterprises, Inc., also Known as Putt Putt Golf, to
add Rental of Battery -Powered Electric Go -Karts as an Allowed Use of the Leased Portion of Z-
Boaz Park Golf Course
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to amend the existing lease agreement
with Linville and Smith Enterprise, Inc., also known as Putt Putt Golf, to add rental of battery -powered
electric go-karts to the list of allowed uses for the leased portion of Z-Boaz Park Golf Course.
DISCUSSION:
Since January 1, 1990, Linville and Smith Enterprises, Inc., has leased a portion of Z-Boaz Park Golf
Course for operation of a miniature golf course, batting cages, arcade games and related activities. The
purpose of this amendment is to revise the lease to add rentals of battery -powered electric go-karts as an
allowed use of the premises. The proposed amendment would expressly prohibit operation of internal
combustion go-karts powered by gasoline or other combustible material. The amendment would also
require Linville and Smith Enterprises, Inc., to install and maintain asix-feet tall screening fence along the
outward -facing portion of the go-kart track perimeter.
Staff recommends authorizing this amendment to provide the public with additional recreation benefit and
anticipates the additional revenues generated by the operation of the go-kart facilities will result in additional
income to the Golf Enterprise Fund.
Z-Boaz Park Golf Course and this Leased Facility are located in COUNCIL DISTRICT 3.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Parks and Community Services Department is responsible for the
collection of funds due the City under this lease agreement.
TO Fund/Account/Centers FROM Fund/AccountlCenters
PE39 466162 0804005 0.00
Submitted for City Manager's Office bv: Charles Daniels (392-6183)
Originating Department Head: Richard Zavala (871-5704)
Additional Information Contact: Nancy Bunton (871-5717)
Logname: 80PUTTPUTT Page 1 of 1
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