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HomeMy WebLinkAboutContract 37187 CITY SECRETARY CONTI�f�CT NO. RENEWAL OF CITY SECRETARY CONTRACT NUMBER 31596 SUB-SUBLEASE AGREEMENT WITH MID-WESTERN DEVELOPMENT &REALTY, LTD. STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, on March 4, 2005, the City of Fort Worth, by and through its Assistant City Manager, entered in to a sub-sublease agreement with the Mid-Western Development & Realty, LTD, the same being City Secretary Contract Number 31596; and WHEREAS, said Agreement provided that the City of Fort Worth would provide access and use of a parking lot that the City subleases from Southwest Exposition and Livestock Show; and WHEREAS,the primary Agreement term ends on February 29, 2008; and WHEREAS, the primary Agreement may be renewed for two additional one-year terms by Mid-Western Development & Realty, LTD upon notice of its intent to exercise such option to renew at least four months before the expiration of the initial term; and WHEREAS, Mid-Western Development & Realty, LTD has given the required notice of its desire to renew and extend said Agreement for the first one-year renewal term under the same terms and conditions; NOW, THEREFORE, City and Mid-Western Development & Realty, LTD agree to renew and extend the Agreement as follows: 1. Section 3, "TERM", is hereby amended to read as follows: The renewal term of this Agreement shall begin on the 1st day of March 2008 and terminate on the 28th day of February 2009. 2. All other terms and provisions of the original Agreement between the City and Mid-Western Development & Realty, LTD shall remain in full force and effect except as specifically amended herein. J :c'"IU U�11 i Us IN WITNESS WHEREOF, the parties hereto have executed this agreement in multi es in Fort Worth, Tarrant County, Texas, this day of 2 tr7.aoo$ CITY OF FORT WORTH MID-WESTERN DEVELOPMENT & REALTY, LTD By: By: �' ,M��,I S»'>a r� Brent R. H r ager Manager ATTEST: City Secretary APPROV AS TO FORM AND LEGALITY Ass tant Ci ttorney M-f C C-�g9og EVENT FACILITIES FORT WORTH, INC. A Texas non- ofit S;:= By: i Name: f, (Moot"ler- Title: e SOUTHWESTERN EXPOSITION AND LIVESTOCK SHOW A Texas on-profit corporation By: Name: Title:eCEGVTiar-Vi /QE5; /c,f lE„�ERlf/ ✓rlrli�'�'�'� MOD 2 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/16/2003 - Ordinance No. 15806 DATE: Tuesday, December 16, 2003 LOG NAME: 80SU132STOCKSHOW REFERENCE NO.: C-19908 SUBJECT: Authorization to Enter into a Contract with the Southwestern Exposition and Livestock Show and to Sub-Sublease with Midwestern Development & Fealty Company for the Use of a Parking Lot, and Adoption of Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a sublease agreement with Southwestern Exposition and Livestock Show for the use of a parking lot; and 2. Authorize the City Manager to execute a contract with Mid-Western Development & Realty Company to sub-sublease a parking lot subleased to the City from the Southwestern Exposition and Livestock Show; and 3. Adopt the attached appropriation ordinance increasing estimated revenue and appropriations in the Special Trust Fund in the amount of $8,163 from available funds for the relocation of the greenhouses located at the Botanic Carden, DISCUSSION: The City of Fort Worth has identified funding for Phase One of the Botanic Garden's Master Plan that includes the construction and relocation of greenhouses to a parking lot on the west side of the Fort Worth Botanic Garden ("Parking Lot"). This Parking Lot is leased to Mid-Western Development & Realty Company ("MW") for the tenants of the building located at 2501 Montgomery Street (March 1, 1993, City Secretary Contract No. 19597). Event Facilities Fort Worth, Inc. is the owner of a parking lot located on approximately 1.260 acre tract of land located north of 2501 Montgomery Street. This lot is leased to the Southwestern Exposition and Livestock Show. The City has requested to sublease the parking lot ("Stock Show Lot") in order to accommodate the parking needs of Mid-Western Development & Realty Company as a result of the greenhouse relocation at the Fort Worth Botanic Garden. The term of the sublease between the City and the Southwestern Exposition and Livestock Show begins January 1, 2003, and continues for 36 months, until December 31, 2006. There is an option to renew the lease for two one-year options. The rental rate is $1.00 per year. In addition, the City has agreed to pay the ad valorem real estate property taxes and assessments estimated to be approximately $900 per year. Other terms of the agreement includes a provision to sublet the Stock Show Lot, assignment of utilities, indemnification, insurance requirements, and maintenance responsibilites. http://apps.cfwnet.org/council_packet/Reports/mc_print.asp 5/1/2008 Page 2 of 2 In order to accommodate the parking needs of MW due to the loss of parking spaces as a result of the relocation of the Fort Worth Botanic Carden greenhouses, the City has agreed to sub-sublease the Stock Show Lot to MW. The term of the sub-sublease is for 36 months, with an additional two one-year options for $8,163 a year as rental for the lease. If the sublease between the Southwestern Exposition and Livestock Show and the City is renewed beyond the two one-year renewal terms, the rent for the sub- sublease will be $9,800 a year for an additional five years. As mutually agreed upon between the City and MW, the City will conduct repairs on the Stock Show Lot including paving, striping, and security light installation. Additional terms of the sub-sublease include indemmification, insurance requirements, utility service, and ongoing maintenance of the Stock Show Lot being the responsibility of MW. This Mayor and Council Communication (M&C) corresponds with M&C C-19909, Amendment to City Secretary No. 19597 between the City of Fort Worth and Mid-Western Development & Realty Company. Attached is an aerial photograph of the parking lot area. The Botanic Carden is a citywide facility that is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Special Trust Fund. TO Fund/Account/Centers FROM Fund/Account/Centers FE72 488692 _0.80502101010 $8,163.00 FE72. 539120 080502101010 $1._0.0 FE72 VARIOUS 080502101010 $8 163.00 Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Randle Harwood (Acting) (5704) Additional Information Contact: Sandra Youngblood (5755) http://apps.cfwnet.org/council_packet/Reports/mc print.asp 5/1/2008