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HomeMy WebLinkAboutContract 49146 ITY GC�� l l�LP LICENSE AGREEMENT This LICENSE AGREEMENT (the "License") is made and entered into as of June 12, 2017 by and between MWG Enterprises LLC., a Texas Limited Liability Corporation ("Licensor") and The City of Fort Worth, a Texas municipal corporation("Licensee"): WITNESSETH: 1. Premises. Subject to the provisions hereinafter set forth and in consideration of the covenants and agreement to be performed by Licensee herein set forth, Licensor does hereby grant unto Licensee the exclusive right to use 71 parking spaces on the property located at West Belknap and Lexington Street, situated in Fort Worth, Tarrant County, Texas, as more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes ('Premises"). 2. Condition of Premises. Licensee hereby acknowledges that (a) it accepts the Premises in its present condition, and (b) Licensor has made no representations to it regarding the safeness thereof or suitability for any particular purposes. 3. Term. Subject to the earlier termination as hereinafter set forth, this License shall be for a month to month term ("License Term"), commencing June 12, 2017, and automatically renewing for additional thirty (30) day terms until the termination of this agreement as provided herein. This agreement can be cancelled by either party by providing thirty(30) day written notice. 4. Consideration. The monthly license fee for the Premises is $3,550.00 per month("License Fee") for 71 designated parking spaces, based on$50.00 per parking space per month. Consideration for reduced use will be negotiated between the property owner and the City of Fort Worth and agreed to in writing. Payment in full must be made to MWG Enterprises LLC no later than the 30th day of each month, unless such day is on a weekend or holiday, in which case payment must be made the following business day. Licensor shall give fifteen (15) days' written notice to Licensee of a failure to submit a timely payment of the License Fee, and Licensee shall have fifteen (15) days from receipt of written notice to make payment, at which point License can be terminated immediately for nonpayment. 5. Use of Premises. Licensee shall use the Premises for parking of normal commuter vehicles, including marked Police vehicles and vans and personal vehicles twenty-four hours a day, seven-days per week. Vehicles may be parked only in spaces designated by Licensor as parking spaces, either by painted lines or otherwise as Licensor deems fit. Licensee shall faithfully and promptly comply with all laws, ordinances, orders, rules, and regulations of all governmental authorities having jurisdiction, and/or rules and regulations reasonably imposed by Licensor from time to time, relative to the use, condition, or occupancy of the Premises. Under no circumstances during the License will Licensee 1) use or cause to be used on the Premises any hazardous or toxic substances or materials, or store or dispose of any such substances or materials on the Premises, or 2) use the Premises for parking or storage of impounded vehicles or equipment. 6. Signage. Licensee may erect signage to designate the Premises with written approval from the Licensor. At the expiration of this License Agreement,Licensee must remove the signage and restore the Premises to the condition it was at the commencement of the License Term. h6 8 10 1� OFFICIAL RECORD CITY SECRETARY LICENSE AGREEMENT-PARKI GVWvoVfts I LC a ��oQQ�v ti 1 ��'�� 016 8 L 9 7. Utilities and Taxes. Licensor shall pay all taxes and utilities associated with the Premises, including maintenance of any existing lighting. Any damage caused by Licensee shall be processed under the normal claims practices of the Risk Management Division of Licensee. 8. Insurance. At their own expense, Licensor and Licensee agree to maintain liability insurance or self-insure for liability on the Premises as is standard for their own business practice. 9. Alterations, Additions, and Improvements. Neither party shall make alterations in, or additions to, the Premises, including restriping that would change the number or size of parking spaces, without the prior written consent of the other party. All alterations, additions and improvements made to or fixtures or other improvements placed in or upon the Premises shall be deemed a part of the Premises and the property of Licensor at the end of the term of the License. All such alterations, additions, improvements, and fixtures shall remain upon and be surrendered with the Premises as a part thereof at the termination of this License. 10. Assignment and Subletting. Except for licensing the parking spaces to individuals for authorized vehicle parking, Licensee shall not assign this License, or any right of Licensee under this License, or sublet the Premises, to any entity for consideration or no consideration, whether voluntarily, by operation of law, or otherwise, and any attempt to do so shall be void, and any such attempt shall cause immediate termination of this License. 11. Repairs and Maintenance. Licensor shall provide, as reasonably necessary, surface repair work, provided that any work resulting in loss of use of the surface by Licensee (i) shall require at least a thirty (30) day written notice to Licensee, (ii) shall allow Licensee to reduce the License Fee in a proportionate percentage equal to the percentage of lost usable Premises for the duration of the loss of use, and (iii) shall not interfere with Licensee's use of the Premises for longer than fourteen (14) days. Licensor shall maintain lot and landscaping at or above the current condition, at no additional cost to the Licensee. Licensee shall use and maintain the Premises in a neat, clean, careful, safe, and proper manner and comply with all applicable laws, ordinances, orders,rules, and regulations of all governmental bodies (state, county, federal, and municipal). At the termination of this License, whether by lapse of time or otherwise,Licensee shall deliver the Premises to Licensor in as good condition as the same was as of the date of the taking of possession thereof by Licensee, ordinary wear and tear only expected. 12. Severability. If any clause or provision of this License is or becomes illegal, invalid or unenforceable because of present or future laws or any rule or regulation of any governmental body or entity, effective during the License Term, the intention of the parties hereto is that the remaining parts of this License shall not be affected thereby unless such invalidity is, in the sole determination of the Licensor, essential to the rights of both parties, in which event Licensor has the right, but not the obligation, to terminate the License on written notice to Licensee. 13. Default. (a) If Licensor shall fail to perform or observe any of its obligations hereunder("Licensor Default") then Licensee, upon written notice to Licensor, may (i) abate payment of License Fee until such time as Licensor Default is cured or (ii) terminate this License immediately, in which event this License and all obligations of Licensee shall be terminated. Such rights of Licensee in the case of a default by Licensor hereunder are not exclusive, but are cumulative of all other rights Licensee may have hereunder, at W� LICENSE AGREEMENT—PARKING MWG Enterprises LLC 2 law or in equity; and any one or more of such rights may be exercised separately or concurrently to the extent provided by law. (b) Licensor shall give fifteen (15) days' written notice to Licensee of a failure to observe any of Licensee's obligations, and Licensee shall have fifteen (15) days from receipt of written notice to comply with its obligations. Licensor shall have the option to immediately terminate the License upon failure of Licensee to cure defaults that may be reasonably cured within the required time period. 14. Notice. Any notice hereunder must be in writing. Notice deposited in the United States certified mail, properly addressed, postage paid, shall be effective-upon deposit. Notice given in any other manner herein shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall, unless changed as hereinafter provided, be as follows: If to Licensor, to: MWG Enterprises LLC 1000 W Weatherford St. Fort Worth,TX 76102 If to Licensee, to: City of Fort Worth Property Management Department ATTN: Jean Petr,Lease Manager 200 Texas Street Fort Worth,Texas 76102 With a copy to: City of Fort Worth Police Department ATTN: Lt. Richard Simmons 200 Texas Street Fort Worth,Texas 76102 CITY ATTORNEY'S OFFICE CITY OF FORT WORTH 200 TEXAS STREET FORT WORTH,TEXAS 76102 ATTN: LEANN GUZMAN The parties hereto shall have the continuing right to change their respective address by giving at least ten (10)days notice to the other party. 4111 ""1 LICENSE AGREEMENT—PARKING MWG Enterprises LLC 3 15. Entire License. This License constitutes the entire agreement between Licensor and Licensee relating to the use of the Premises and no prior written or oral covenants or representations relating thereto not set forth herein shall be binding on either party hereto. This License may not be amended, modified, extended, or supplemented except by written instrument executed by both Licensor and Licensee. In witness whereof, the parties hereto have caused this License to be executed as of the day and year first above set forth. LICENSOR: MWG Enterprises L By: Name: Marc G nd rson CEO and PRESIDNT LICENSEE: CITY OF FORT WORTH By: Jesus J. Chapa,Assistant City M4iager App�oved as to o and Legality: eann D. Guzman FQR Assistant City Attorney .1��•'' ' rGL U A A171: �► )10' C ty Secretary �X ••AS CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, OFFICIAL RECORD c udi g ensuring all performance and reporting requirements. CITY SECRETARY 3� p FFT.WYORTH,TX Name of Employee c Title LICENSE AGREEMENT—PARKING MWG Enterprises LLC 4 EXHIBIT "A" DESCRIPTION OF PREMISES Tracts 2, 3 and 4, being Lot 4,Block 1 of Smith's Westside Addition, and portions of Lot 5 Block 1 of J.P.Smith's Westside Addition, more particularly described on the attached survey plat LICENSE AGREEMENT—PARKING MWG Enterprises LLC 5 Y m o n y 9 ` R o (� 3 GL \\ �`�• ,� _ __ '�`b .� Y- 1.001111 i\ \ � - bo\Q�o 01 \ \ o, a , Zo'\ d `a'�a' gnu _I _ H; 11 - ir jjj - 3o mR _- 1 HIE HMRR lie H U - 1n3E_a3 no top y Hi all ® © m PB a o Ed x O T P + _ - ae 91 wr_ & m