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Home My WebLink AboutContract 37015-A1 CSC No. 37015-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.37015 A LICENSE AGREEMENT BETWEEN SUNDANCE SQUARE MANAGEMENT,L.P. AND THE CITY OF FORT WORTH This AMENDl JY4,N-T NO.1("Amendment")to City Secretary Contract("CSC")37015 is made and entered into as of this/�1 day of March,2022 by and between SUNDANCE SQUARE PARTNERS,L.P. ("Licensor") by and through William V. Boecker, its duly authorized Vice President, and the CITY OF FORT WORTH("City"),a home rule municipal corporation organized under the laws of the State of Texas, acting by and through Dana Burghdoff,its duly authorized Assistant City Manager, WHEREAS,Licensor and City entered into City Secretary Contract No.37015,a month-to month- license agreement for the use of reserved and unreserved parking spaces at Parking Lot No. 3 located at 601 East 511i Street,Fort Worth,Texas 76102(the"Initial Facility"),which became effective March 1,2008 ("License");and WHEREAS, on or about October 1, 2020, Licensor indicated to City that the Initial Facility was needed for other uses but that a new parking lot with forty-six(46)reserved spaces at a location known as Lot 5 located at 401 Grove Street(the"New Facility")was available for City's use if City was amenable to the use of the New Facility; WHEREAS, at the time,the parties agreed to change the location for City's parking needs under the License from the Initial Facility as defined under the License to the New Facility; WHEREAS,during the change to the New Facility,payments required under the License,through no fault of either of the parties, had inadvertently stopped due to the adjustment in the location of the Facility; and WHEREAS, now the parties would like to memorialize the change of the location of the Facility through this Amendment as well as reflect the correct amount of Rent due to Licensor under the License for the period of time in which payments were not made. NOW THEREFORE, in consideration of the covenants and agreements set forth in the Lease, Lessee and Lessor agree to amend the Lease as follows: 1. Section 1 "Grant of License."of the License is hereby deleted in its entirety and replaced with the following: 1.Grant of License. Subject to the provision hereinafter set forth,Licensor does hereby grant unto Licensee the right to use forty-six (46) reserved parking spaces (the "Space[sl")in Sundance Square Management,L.P. Lot No. 5 located at 401 Grove Street (the"Facility")as identified within Exhibit"A"to this License. Under no circumstances OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX whatsoever shall Licensee ever be deemed to have any rights to any receipts received by Licensor from the use by any person of any parking space in the Facility,Licensee hereby agreeing that Licensee's rights hereunder are limited to the use of the Spaces, pursuant to the terms hereof,only during the time such Spaces are physically occupied by Licensee's vehicles. Licensor may, in the time such Spaces are not physically occupied by vehicles of Licensee,and all consideration received by Licensor for such licenses shall be the sole property of Licensor. 2. The License is hereby amended by adding Exhibit "A", "Facility Aerial View," attached to this Amendment. 3. The Rent owed to Licensor by City for the period of October 1,2020 through December 31,2021 is Thirty-Four Thousand Five Hundred and 00/100 Dollars($34,500.00)for the per-month Rent amount as required under the License. The monthly Rent payments for January 1,2022, and each month thereafter, shall remain Two Thousand Three Hundred and 00/100 Dollars ($2,300) per month. All Rent payments shall be directed to Licensor, in accordance with those certain instructions attached hereto as Exhibit`B" to this Amendment. 4. All other terms and conditions of the Lease remain unchanged and in full force and effect. (Signatures on Following Page) This Amendment is effective as of January ,2022. EXECUTED this day of A?AIV 2022. CITY: LICENSOR: City of Fort Worth,a home rule municipal SUNDANCE SQUARE PARTNERS, L.P. Corporation of the State of Texas By: D—B.rghdoff(J-8,202 159CDT)IV By: Dana Burghdoff William V.Boecke Assistant City Manager Vice President Contract Compliance Manager By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. GaShanda DocKPry easraaa oou<en-may ze,mu'n:ee coT� LaShanda Dockery Sr. Planner Approved as to Form and Legality Thomas R.Hansen Assistant City Attorney F°�RlF4; O °po �1 dd A�TarTuEceSttTe: O 00 ° Ja n n ette S.G ood a s I I.(4o» 1 IT) O ° ° °° °° °°°°do * Jannette S.Goodall a� City Secretary Form 1295:44M M&C:NA 03k'ov OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Exhibit A Facility Aerial View pia» 401 Grove St. rt4 I� Fort Worth,TX 76102 t JE9 Lot Exhibit B SUNDANCE SQUARE TENANTS-PAYMENT REMITTANCE INFORMATION Entity: Sundance Square Partners,LP Sundance Square Partners LP Paying by Check/Regular Mail PO Box 734216 Dallas,TX 75373-4216 JP Morgan Chase(TX I-0029) Overnight/Courier Payments To Attn:Sundance Square Partners LP 734216 Lockbox 14500 Frye Road,2nd Floor Fort Worth,TX 76155 JPMorgan Chase Bank,N,A. Paying by ACH Account Name: Sundance Square Partners,LP Routing Number: 111-000-614 Account Number: 7303000361 JI'Morgan Chase Bank,N.A. Paying by Wire/EFT Account Name: Sundance Square Partners,LP Routing Number: 021-000-021 Account Number: 7303000361 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT�TII Create New From This M&C DATE: 5/24/2022 REFERENCE **M&C 22- LOG NAME: 21401 GROVE ST. FWPD NO.: 0388 PARKING CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 9) Authorize the Execution of an Amendment to the License Agreement with Sundance Square Partners L.P. to Change the Location for Parking for the Fort Worth Police Department's Central Division from 601 East 5th Street to 401 Grove Street RECOMMENDATION: It is recommended that the City Council authorize the execution of an amendment to the license agreement with Sundance Square Partners L.P. to change the location for parking for the Fort Worth Police Department's Central Division from 601 East 5th Street to 401 Grove Street. DISCUSSION: The City of Fort Worth Property Management Department, at the request of the Fort Worth Police Department, negotiated a license agreement with Sundance Square Partners, LP (Sundance) for use of 46 parking spaces by the Central Division Headquarters. On February 19, 2008, City Council authorized execution of a license agreement for these 46 parking spaces located at 601 East 5th Street (License) (M&C C-22673). On or about October 1, 2020, Sundance indicated to the City of Fort Worth (City) that the parking spaces at 601 E. 5th Street were needed for another use but that there were 46 spaces available for the City at a new location known as Lot 5 at 401 Grove Street, Fort Worth Texas, 76102. Both Sundance and City agreed to the change in location at the time with the intent to amend the License, however at the time of the switch in locations, the payments required under the License ceased through no fault of either of the parties. Now, both Sundance and the City would like to memorialize the change of location for the parking spaces used by FWPD and reflect the correct amount of Rent due to Sundance for the period of time in which payments were not made, which at this time is $34,500.00 for the period of October 1, 2020 to December 31, 2021 through an amendment to the License. The license period will continue on a month-to-month basis just as it has been since the execution of the original license. The license fee is based upon a monthly rate of$50.00 per space, totaling $2,300.00 per month. This License may be terminated by either party with a 30 day written notice. Funding is budgeted in the Other Contractual Services account of the Police Central Division Admin Department's General Fund. The parking lot is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the General Fund to support the approval of the above recommendation and execution of the amendment. Prior to any expenditure being incurred, the Police Department has the responsibility to validate the availability of fund. TO T Fund Department Account Project Program Activity Budget Reference# Amount Fond —DepAmen Accoun Progr-am Activity B et lk r9WA Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by; Dana Burghdoff(8018) Originating Department Head: Steve Cooke (5134) Additional Information Contact: Marilyn Schoening (7581) Mark Brown (5197) ATTACHMENTS 21401 GROVE ST FWPD PARKING.xlsx (CFW Internal) Form 1295 Certificate 100881665 -City Parking Amendment Signed.pdf (CFW Internal) Funds Availabilitypdf (CFW Internal) M AND C MAP 401 GROVE ST.pdf (Public)