HomeMy WebLinkAboutContract 33433 County: Tarrant Federal Project No.: STP2004(772)MM
ROW CSJ: 0504-02-018 Hwy. No.: 121
Parcel: 69 DOE No.: 3777 SH 121
Project Limits: Vickery Corridor CITY SECRETARY
CONTRACT NO.
PROTECTIVE RENT AGREEMENT
This Agreement made and entered into this 27th day of March , 2006, by and between,
Lof-Jon Realty Com an herein represented by Loft6n Witcher hereinafter
co ective y called the "LESSOR," the CITY OF FORT WORTH, hereinafter ca e t e "LESSEE."
The parties hereto, for the consideration hereinafter stated, do covenant and agree to the following,
to wit:
1. LESSOR hereby agrees to lease to LESSEE the commercial property presently located on the
following-described tract of land:
4117 D and 4117 E hereinafter referred to as"Property".
2. On or after the 1 st day of Aril , 2006 , or as the commercial property identified
above becomes vacant, the UOSEE shall lease from LESSOR the said Property on a
monthly basis for the rental amount of: ($1,375) Thirteen hundred seventy-five
DOLLARS per month. Rent shall.beaid to Lessor by Lessee at the time Lessee acquires
fee interest in See Exhibit A hereinafter referred to as "Property to be Acquired".
Rent for partial mon s wi a prorated.
3. This Protective Rental Agreement is made and accepted for a primary term of sixty(60) days
beginning the 1st day of�Auril , 2006 or upon the date the property becomes vacant,
whichever is later, and shall continue from month to month thereafter until thirty (30) days
after the Offer to Acquire has been presented, however in no event shall this Agreement
exceed six months unless an extension is requested in writing by LESSEE, in which case,
this agreement shall continue on a month to month basis or as requested by LESSEE.
4. In the event that Lessee is unable to negotiate a purchase agreement for the Property to be
Acquired with Lessor and Lessee must exercise its power of eminent domain, this agreement
shall be immediately terminated and rent shall be paid to Lessor within fifteen days of Lessee
filing an eminent domain lawsuit to acquire the Property to be Acquired.
5. Lessor acknowledges and agrees that LESSEE will not be occupying the commercial
property leased and therefore, Lessee shall not be responsible or Liable for maintenance,
vandalism, theft, casualty, loss, or any other items whatsoever kind or nature other the
monthly rental stated above.
6. This Lease Agreement shall terminate thirty days after the Final Offer to Purchase is
presented by the LESSEE to the LESSOR, however this Agreement shall be extended if
requested by Lessee in writing for the time requested .
7. This constitutes the entire Ageement between LESSOR and LESSEE. No oral statements or
representation, whether made prior to or subsequent to execution of this agreement, shall
modify, amend, and/or supplement this agreement. This agreement shall be modified
amended, and/or supplemented only upon the express written agreement .of LESSOR an
LESSEE.
8. Venue for any action arising hereunder shall be exclusively in Tarrant County,T
04-19-06 A08F38 IN
9. This Agreement shall be construed under and in accordance with Texas law.
LES�OR: LES E::
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L?ofn Witcher Marc Ott
Assistant City Manager
ATTEST
Marty Hendrix
City Secretary
APPROLAS FORM AND LEGALITY
As4ito i orney
PI
ontract AuthorizatioA
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EXHIBIT A
County: Tarrant Federal Project No.: STP2004(772)MM
ROW CSJ: 0504-02-018 Hwy. No.: 121
Parcel: 69 DOE No.: 3777 SH121
Project Limits: Vickery Corridor
Being all of Lots 7, 8, 9, 10, 11, 12 and 13, Block 4 of Factory Place Addition, an addition to the
City of Fort Worth, Tarrant County, Texas as recorded in Volume 204A, Page 101 of the Plat
Records of Tarrant County, Texas, and the remainder of Lots 29, 30, 31, 32, and 33, Block 4 of
said Factory Place Addition, and also a portion of a vacated 16' alley as recorded in Volume
1247, Page 381 of the Deed Records of Tarrant County, and also a portion of the north half of
vacated Rutledge Street as recorded in Volume 1247, Page 381 of said Deed Records of Tarrant
County, Texas, said Lots 7, 8, 9, 10, 11, 12, 13, said remainder of Lots 29, 30, 31, 32, 33, portion
of said alley and portion of said Rutledge Street being deeded by Nell Dunn to Lof-Jon Realty
Company by Deed dated December 2, 1980 and recorded in Volume 7038, Page 1815 of said
Deed Records of Tarrant County, Texas, and by Rickey Owen Bright and wife, Brenda Bright to
Lof-Jon Realty Company by Deed dated June 14, 1982 and recorded in Volume 7307, Page 2154
of said Deed Records of Tarrant County, Texas, and also by Bobby P. Houk and wife, Bonnie T.
Houk to Lof-Jon Realty Company by Deed dated March 1, 1985 and recorded in Volume 8106,
Page 1583 of said Deed Records of Tarrant County, Texas, said Lots 7, 8, 9, 10, 11, 12, 13, said
remainder of Lots 29, 30, 31, 32, 33, portion of said alley and portion of said Rutledge Street
3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/7/2006
DATE: Tuesday, March 07, 2006
LOG NAME: 30PRORENT1 REFERENCE NO.: C-21341
SUBJECT:
Authorization to Enter into Protective Rent Agreement with Lof-Jon Realty and Bobby Houk for the
Southwest Parkway Project
RECOMMENDATION:
It is recommended that the City Council:
1, Authorize the City Manager to enter into a Protective Rent Agreement for 4115 - 4121 West Vickery with
Lof-Jan Realty for a period not to exceed six months at a monthly rental rate of$1,375 per month for a total
of$8,250; and
2. Authorize the City Manager to enter into a Protective Rent Agreement for 4131 West Vickery with Bobby
Houk for a period not to exceed six months at a monthly rental rate of$450 per month for a total of$2,700.
DISCUSSION:
The City has begun the right-of-way acquisition program in the Vickery corridor and the Cityview area
following environmental clearance received from the Federal Highway Administration last summer and the
approval of the right-of-way maps received from TxDOT last fall for the Southwest Parkway Project. In the
Vickery corridor, the City will acquire 39 parcels, which will require the relocation of 57 businesses. The City
has currently made offers on 18 of the needed parcels and expects to make an additional eight offers by
mid-March.
Due to unforeseen appraisal issues on seven of these parcels, completion of the appraisals has been
delayed and therefore purchase offers cannot been made. City staff has determined that the delay in
making the required offers to the property owner and provide the necessary relocation assistance to the
tenants is presenting an undue hardship on the property owners and tenants.The properties affected are
located at 4115-4121 and 4131 West Vickery.
City staff is recommending that the City Council approve the use of a Protective Rental Agreement, which
will allow the property owners to be compensated for the loss of rent and will allow for the relocation of
these three tenant businesses without further delay. The use of a protective rental agreement will ensure
that space vacated by the tenants is not leased prior to acquisition by the City.
City staff does not anticipate having to utilize this rental method throughout the project, but does feel that in
this case it is a warranted and appropriate action.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current captial budget, as appropriated, of the
SH121T Southwest Parkway Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4i2O/2006
Page 2 of 2
C221 539120 303210000541 $10,950.00
Submitted for City Manager's Office by. Marc Ott (6122)
Originating Department Head: Doug Rademaker (6157)
Additional Information Contact: Bryan Beck (7909)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/20/2006
C�T
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NC 33 Na,
SECOND AMENDMENT TO CITY SECRETARY
CONTRACT NO.33433
WHEREAS, on April 24, 2006, the City of Fort Worth (`City") and Sato Service, LLC
(`Artist") made and entered into City Secretary Contract No. 33433 (the "Contract") as
authorized by City Council (M&C C-21231) the City designated the Arts Council of Fort Worth
and Tarrant County, Inc. as its Contract Manager; and,
WHEREAS, on December 5, 2006, City and Artist made and entered into first
Amendment to the Contract (City Secretary Contract No. 34357) (`Amendment No. I") in order
to add two additional sites to the Artist's scope of work; and,
WHEREAS, the Artist has developed conceptual design proposals for the Water Passages
(Site No. 7) and Bridge Monuments for the SH-121 Corridor as identified in the Southwest
Parkway (SH-121) Corridor Master Plan (the "Work"); and,
WHEREAS, the City desires the Artist to develop two (2) additional conceptual design
proposals for the Water Passages (Site No. 7) of which one would visually tie to the Artist's
conceptual proposal for the Bridge Monuments; and,
WHEREAS, the Artist requires additional compensation for the additional scope of work;
NOW, THEREFORE, City and Artist do hereby agree to further amend the Contract as
follows:
1.
Section 1.1 Scope of Services. This section is amended to add the following:
"f. Artist shall develop two (2) additional conceptual design proposals for the Water
Passages Site (Site No. 7) to identify or otherwise "mark" seven locations of water passages
across the Southwest Parkway corridor. At least one of the new conceptual design proposals
shall relate visually to the Artist's conceptual design proposal for the Bridge Monuments.
g. Artist shall make one (1) additional trip to Fort Worth in order to make a presentation of
the two (2) additional conceptual design proposals for the Water Passages to the SH121 Citizens
Advisory IG-roup and*the Fort Worth Art Commission at a mutually agreed upon date."
OFFICIAL RECORD�
I CITY SEECRETARY
FT:WORTH,TX
CONTRACT AMENDMENT#2 CSC NO.33433 Page 1
Sato Services LLC
05-21-09 A09 :32 IN
Z)ORIGINAL
Il.
Article 2 Compensation and Payment Schedule The Section 2.1 of this Article is amended to be
and read as follows:
"2.1. Fixed Fee. The City shall pay the Artist a fixed fee in the amount of SIXTY- SIX
THOUSAND ONE HUNDRED AND NO CENTS ($66,100), which shall constitute full
compensation for all services and materials to be performed and furnished by the Artist under
this Agreement, inclusive of all travel expenses. The fee shall be paid in the following
installments, expressed as percentages (or portions)of such fixed fee, each installment to
represent full and final, non-refundable payment for all services and materials provided prior to
the due date thereof-
a.
hereofa. SEVEN THOUSAND FIVE HUNDRED FIFTEEN DOLLARS AND NO
CENTS ($7,515.00) within thirty (30) days of the execution of this Agreement,
recognizing that the Artist has already invested time and expense in preliminary
design team coordination with the City and its consultants.
b. FIFTEEN THOUSAND THIRTY DOLLARS AND NO CENTS ($15,030.00)
within thirty (30) days after the Artist participates in the 2-day workshop as
required in Section 1.I.d of this Agreement.
c. TWENTY-TWO THOUSAND FIVE HUNDRED FORTY-FIVE DOLLARS
AND NO CENTS ($22,545.00) within thirty (30) days after the Artist submits
Deliverables, as required in Section 1.2.a.i.—iv. of this Agreement.
d. ELEVEN THOUSAND TEN DOLLARS AND NO CENTS ($11,010) within
thirty (30) days of the execution of this Amendment#2.
e. TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) within thirty (30)
days after the Artist makes the presentation to the SH 121 Citizens' Advisory
Group and the Fort Worth Art Commission as required in Section I.l.d. of this
Agreement and submits all deliverables, as required in Section 1.2.a.v. of this
Agreement."
Funds previously paid to the Artist prior to this amendment shall apply toward the total fixed fee.
CONTRACT AMENDMENT#2 CSC NO.33433 Page 2
Sato Services LLC
IN WITNESS WHEREOF, the partiesereto have executed four copies of this contract
amendment in Fort Worth, Texas, this atIt day of m 92009.
ST: CITY OF FORT WORTH
-.�--� By: �_.
ity Secretary Fernando Costa
Assistant City Manager
APPROV AS T AND LEGALITY:
NO M&C REQUIRED
AssistAt Neyttorney
SATO SERVICE,LLC
J4424
T. Norie Sato
Title:
"FFICIAL RECORD
CONTRACT AMENDMENT#2 CSC NO.33433 Page 3
Sato Services LLC
STATE. OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on e2,0 2009
by Fernando Costa, Assistant City Manager, City of Fort Worth, alf of the City of Fort
Worth, Texas.
NOTARY PUBLIC, TATE OF TEXAS
HETTIE LANE
C0%1i,1=SICU EXP
July 23,2011
STATE OF WASHINGTON §
COUNTY OF K\Q �, §
On this _ 13 day of_ MA`Z , 2009, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
Norie Sato, tome known to be the CWN F R- of Sato Service, LLC, the limited
liability company that executed the foregoing instrument and acknowledged the said instrument
to be the free and voluntary act of and deed of said limited liability company, for the uses and
purposes therein mentioned, and on oath stated that Norie Sato is authorized to execute the said
instrument.
Witness my hand and seal the day and year first above written.
Given under my hand anof office this 134' day of M A'; 2009
Notary Public residing at kS't ,\vP- SPLlk4 lC W �� 10
Printed Name: v� Y
My Commission Expires:
Feb- aA t aokl
swe� o
KIIIIN 21,201 3
wArAaoo�'� aobn
CONTRACT AMENDMENT#2 CSC NO.33433 Page 4
Sato Services LLC