Loading...
HomeMy WebLinkAboutContract 33089-AM1 CSC No. 33089-AM 1 FIRST AMENDMENT TO LICENSE AGREEMENT WITH 1500 N MAIN,LLC (CITY SECRETARY CONTRACT NO. 33089) This First Amendment ("Amendment") to City Secretary Contract ("CSC") No. 33089 ("License") is made and entered into by and between the CITY OF FORT WORTH, a Texas home-rule municipal corporation ("Licensor"), acting by and through Dana Burghdoff, its duly authorized Assistant City Manager,and 1500 N Main,LLC,a Texas limited liability company("Licensee"),acting by and through Andrew Segal, its duly authorized representative. RECITALS WHEREAS, City owns the parking lot adjacent to The Mercado at 1500 N Main. Street,Fort Worth, Texas 76164, known as the"Remainder Lot," as describe in Exhibit"B"to the License; and WHEREAS,Licensor and Licensee are currently parties to the License which allows Licensee to use the Remainder Lot exclusively during the day and a non-exclusive use for the Remainder Lot on nights and weekends to allow use by visitors of the Rose Marine Theater and patrons of area businesses; and WHEREAS, Fort Worth Independent School District ("FWISD") has expressed interest in having access to the Remainder Lot during the day throughout the week for their employees and visitors to park personal vehicles during the day; and WHEREAS, the License currently does not allow for any sub-licensing of the Remainder Lot; and WHEREAS, Licensor and Licensee have agreed to amend the License to allow the Licensee to sub- license the Remainder Lot with City approval to FWISD or others, as set forth below. AGREEMENT In consideration of the mutual covenants contained in this Amendment, Licensor and Licensee agree to amend the Lease as follows: 1. Section 13 of the License is deleted in its entirety and replaced with the following: 13. EFFECT OF SALE OF PROPERTY. The License granted hereunder shall vest only in Licensee and cannot be assigned to a new owner of all or any portion of the Mercado Property without prior consent of the City Council, which consent shall not be unreasonably withheld, conditioned or delayed provided that (i) the City Council finds that the proposed assignee is committed to operating the Fort worth Mercado in accordance with the City's Vision and (ii) the proposed assignee agrees in writing to assume all terms and conditions of this Agreement. OFFICIAL RECORD Amendment between the City of Fort Worth and 1500 N Main,LLC under CSC 33089 _ 1 _ CITY SECRETARY FT. WORTH, TX Any attempted assignment without the City Council's prior consent shall constitute grounds for termination of this License Agreement granted hereunder following ten (10) calendar days of receipt of written notice from the City to Licensee. Any attempted assignment to a person or entity that does not own the Mercado Property shall be void. Additionally,and excluding the requirements mentioned above for any type of assignment of this License to a subsequent owner,Licensee may sub-license portions of the Remainder Lot under this License Agreement with the consent of the City,through the Director of the City's Property Management Department, such consent to be in writing (including via email). In Section 14 of the Agreement,the following addresses shall be substituted for Licensee: Licensee: 11211 Katy Freeway,L.P. Attn: John Rentz 720 North Post Oak Road, Suite 500 Houston, Texas 77024 Telephone: 713-777-7368 Email: John.Rentz(a�BoxerProperty.com With copy to: Boxer Retail Attn: Michael Pariza 2727 LBJ Freeway, Suite 610 Dallas, TX 75234 Email: Michael.Pariza@BoxerResorts.com 2. Except as amended by this Amendment, all of the terms and conditions of the License, as amended, are ratified and remain in full force and effect. [SIGNATURES ON NEXT PAGE] This Amendment shall be effective on May 7 , 2022. Amendment between the City of Fort Worth and 1500 N Main,LLC under CSC 33089 -2- LICENSOR: LICENSEE: CITY OF FORT WORTH 1500 N MAIN,LLC a Texas home-rule municipal corporation a Texas limited li bility corporation Dana BurandaFF By: Dana Burghdoff un13,202212:31CDT) By: Dana Burghdoff Assistant City Manager Name: W f-6,j 5.01 Cj Date: Jun 13,2022 Title: f''1AMOCl f,r Date: .5b /Z a7-Z 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. 'h Name: Mark B,, n(J I,7,202212:38CDT) Lease Manager,Property Management Department Title: Date: Jun 7,2022 APPROVED AS TO FORM AND LEGALITY: By: Thomas R. Hansen Assistant City Attorney Date: Jun 10,2022 ATTEST: O�00000 ad 7GtylylGttG S 6'n G"Yaa ���L�►o° °O'A�d BJannette S.Gooch It 13,202214:23 CDT) i1 � O�� y: _° ° Jannette S.Goodall g° S=� City Secretary P� °°° *.d Jun 13,2022 a44�EXASa4d Date: Form 1295: Contract Authorization: M&C: 21-0980 Date: OFFICIAL RECORD Amendment between the City of Fort Worth and 1500 N Main,LLC under CSC 33089 _3 _ CITY SECRETARY FT. WORTH, TX