Loading...
HomeMy WebLinkAboutContract 43957-A2 CITY SECRETARY VIP. CONTRACTNO. 4395-1- A SECOND AMENDMENT TO o\ oS�GQ� FORT WORTH CITY SECRETARY CONTRACT NO. 43957 AND NOTICE OF TERMINATION EFFECTIVE OCTOBER 1,2019 This Second Amendment is made between the City of Fort Worth ("Lessor"), a municipal corporation, acting herein by and through Susan Alanis, its duly authorized Assistant City Manager and The Museum of Science and History, a Texas non-profit corporation ("Lessee"), acting herein through Van Romans, its duly authorized President. WHEREAS, Lessor and Lessee entered into an Agreement identified as Fort Worth City Secretary Contract ("CSC") No. 43957 ("Agreement") for a period of 1 year beginning December 5, 2012, and expiring on December 4, 2013, with automatic renewals of one year terms until the expiration or termination of the Ground Lease (CSC No. 35846), or unless earlier terminated as provided in the Agreement; WHEREAS, the Agreement was amended (CSC No. 43957-A1) to allow Lessee's employees to park on the Premises on Saturdays and Sundays, which was prohibited under section 5(a) of the Agreement; and WHEREAS, it is the collective desire of both Lessor and Lessee to amend the Agreement to remove a portion of the Premises from the Agreement as to memorialize the termination of the Agreement to be effective October 1, 2019. NOW THEREFORE,KNOWN ALL BY THESE PRESENT: Lessor and Lessee hereby agree to amend Fort Worth City Secretary Contract No. 43957 to be effective on Jun42019, as follows: 1. The definition of "Premises" as used in the Agreement is hereby amended to remove the area on the Premises that is depicted in Exhibit "A," which is attached hereto and incorporated into this Second Amendment as if copied in full. Lessee shall have no rights to use the area depicted in Exhibit "A." 2. The Rent due under Section 4 of the Agreement is also reduced proportionally for the space that is being removed from the Premises. Therefore, the Rent due under the Agreement is reduced by a prorated amount left due under the Agreement at the rate of 22%, which makes it an annual rate of $9,360.00 due per year in accordance with the terms and conditions in the Agreement or a monthly rate of $850.91 calculated over the 11 month period of use under the Agreement. This reduction in Rent only begins upon execution of this Second Amendment and extends until the termination of the Agreement. Further, this reduction in no way obligates Lessor to refund any money paid for Rent under the Agreement prior to the effective date of this Second Amendment. 3. The Agreement is amended to memorialize that Lessor and Lessee agree that this Agreement is hereby terminated effective October 1, 2019, and shall have no Second Amendment to Fort Worth City Secretary Contract No.43957 OFFICIAL RECORD CITY 5EC9 Y FT. WORTH,TX further force or effect after such date. Lessor intends to have a parking operator manage the Premises after October 1, 2019, and Lessee may negotiate its use of the Premises directly with the Lessor's parking operator if it so desires. All other terms, provisions, conditions, covenants and recitals of said Agreement not expressly amended herein shall remain in full force and effect. APPROVED FOR APjRVYD F CITY OF FORT WORTH: TH SEI OF S IENCE AND _,.._—) HISRY By: -)v /l' By: Sus Al is Van Romans Assist=Ci Man ger President Date: 9 Date: 2. CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitori g`and dministration of this contract, including ensuring all per o an e nd reporting requirements. i Peter Elliott Parking Operati s Manager APPROVED AS TO FORM AND LEGALITY: By: )� Jessica'ga*Nng Senior As i tant City Attorney FORM 1295: n/a ATTEST: w� ��R.... A. d . By: Mar J. e City Secretary ••• Contract Authorization: M&C: n/a OFFICIAL RECORD Second Amendment to Fort Worth City Secretary Contract No.43957 CITY SECRETARY FT. WORT1f TX EXHIBI T "A" LEASE AGREEMENT A PART OF LOT 1 AND ALL OF LOT 2, BLOCK 1 FORT WORTH MUSEUM OF SCIENCE AND HISTORY ADDITION 1 POINT OF S89'37'19"E� BEGINNING o ao' 61.19, SCALE FEET 1'= 60' ZivF W O o a a M LOT 2 \ q01 b=59'04'33' o I BLOC K 1 �p 2? R•=15.00' L-15.47' d C) \ ?�b" CH=S2910'31"E 14.79' �w z \ r N44'45'56"W 22.21' FOUN ' \ 'x'CUT 13'UnutY EASEUEN1 - CABINET A,SLIDE 5951 P,R.T.C.T. 4t/k W\ ,(E5�1(f36 o m o qt � � z SB9'49'49`E N00'10'53"E 6.48' 17.44' m N89'49'39'W 12.21' E N O f LOT, f t .� BLOCK 1 FORT WORTH MUSEUM OF SCIENCE I to LV AND HISTORY ADDITION CABINET A SLIDE 12273 MO LEASE AGREEMENT t~j1 8 P,RT.C.T. 72,263 SQUARE FEET/1.658ACRE i y. N ( Z i z i 0 wn ZNU NF Zw� $ 8 EAST 9Qa 16.50' Aa90'00'00' N= R=1.50' L=2.36' CH=N45'00'00'E 2.12' o T PROPOSED RIGHT-OF-WAY (UNRECOROE31) FOUND ' r NOO'12'25`W 24.660' _c�T� euRCEss' �N89'39'17'W 165,45' .....••.F� £R'.9 • s or HARLEY STREET FOUND S/BSTYEuow AMPED STEPHEN R. GLOSUP ER o' (VARIABLE MTN RIGHT-OF-WAY) 'CARTER 5570 ; 9 SURV� P.R.T.C.T. = Plat Records, . DUNAWAY 3 Tarrant County, Texas o A metes and hounds description of even date accompanies this drawing. 550 Bailey Avenue•Suite laO.FW Worth,Texas 76107 Tel:817335.1121 PAGE 1 OF 2 DATE: MAY 10, 2019 F,RM REGISTRATION'O09B100 DUNAWAY JOB NO. B001706.017 0 EXHIBIT 'A" LEASE A GREEMEN T A PART OF LOT 1 AND ALL OF LOT 2, BLOCK 1 FORT WORTH MUSEUM OF SCIENCE AND HISTORY ADDITION PROPERTY DESCRIPTION BEING a tract of land situated In the Thomas White Survey, Abstract No. 1636, City of Fort Worth, Tarrant County, Texas, being a portion of Lot 1, Block 1 and all of Lot 2, Block 1, Fort Worth Museum of Science and History Addition, on addition to the City of Fort Worth, according to the plat recorded In Cabinet A, Slide 12273, Plat Records, Tarrant County, Texas, said tract of land being more particularly described by metes and bounds as follows: BEGINNING at northeast comer of said Lot 2. Block 1, Fort Worth Museum of Science and History Addition, In the west right—of—way of Gendy Street (variable width public right—of—woy) and the beginning of a curve to the left having a central angle of 43'02'10 a radius of 112.00 feet and a chord bearing and distance of South 37'24'40" East — 82.16 feet; THENCE with the west right—of—way line of said Gendy Street and said curve to the left in a southeasterly direction, an arc length of 84.12 feet to a point for the beginning of o reverse curve to the right having o central angle of 59'04'33", o radius of 15.00 feet and a chord bearing and distance of South 29'10'31"East — 14.79 feet; THENCE with said reverse curve to the right in a southeasterly direction, an arc length of 15.47 feet to a point; THENCE South 00'18'02"West, continuing with the west right—of—way line of said Gendy Street and the east line of said Lot 2, Block 1, Fort Worth Museum of Science and History Addition, a passing of 41.27 feet to the southeast corner of said Lot 2, Block 1, Fort Worth Museum of Science and History Addition and continuing with the west right—of—way line of sold Gendy Street and east line of said Lot 1, Block 1, Fort Worth Museum of Science and History Addition, for a total distance of 448.93 feet to a point in the north right—of—way line of proposed Harley Street; THENCE North 89'39'17"West, departing the west right—of—way line of sold Gendy Street, with the north right—of—way line of said proposed Harley Street and crossing into said Lot 1, Block 1, Fort Worth Museum of Science and History Addition, a distance of 165.45 feet to a point; THENCE North 00'12'25'West, departing the north right—of—way line of said proposed Harley Street, a distance of 24.60 feet to a point for the beginning of a curve to the right having a central angle of 90'00'00", a radius of 1.50 feet and a chord bearing and distance of North 45'00'00"East — 2.12 feet; THENCE with said curve to the right in a northeasterly direction, an arc length of 2.36 feet to a point; THENCE EAST. a distance of 16.50 feet to a point; THENCE NORTH, a distance of 273.03 feet to a point; E THENCE North 89'49'39"West, a distance of 12.21 feet to a point; THENCE North 00'10'53"East, o distance of 17.44 feet to a point; THENCE South 89'49'49"East, a distance of 6.48 feet to a paint; THENCE North 00'10'11'East, a distance of 49.99 feet to a point; THENCE North 44'49'36"East, a distance of 74.39 feet to a paint in the southwest line of said Lot 2, Block 1, Fort Worth Museum of Science and History Addition; THENCE North 44'45'56"West, with the southwest tine of said Lot 2, Block 1, Fort Worth Museum of Science and o History Addition, a distance of 22.21 feet to a paint; THENCE North 0011'34"East, with the west line of said Lot 2, Block 1, Fort Worth Museum of Science and History z Addition, a distance of 91.39 feet to ❑ point; g THENCE South 89'37'19"East, with the north line of said Lot 2, Black 1, Fort Worth Museum of Science and SHistory Addition, a distance of 61.19 feet to a POINT OF BEGINNING and containing a calculated area of 72,263 square feet or 1.658 acre of land. 8 o NOTES: The basis of bearings for this Lease Agreement is the Texas Coordinate System of 1983, North Central Zone, 4202, based upon GPS measurements, according to the GPS Reference Network. A drawing of even dote accompanies this metes and bounds description. u The metes and bounds description contained herein was compiled from Information contained in recorded documents and does not reflect the results of an on the ground survey. DUNAWAY JOB NO. B001706.017 PAGE 2 OF 2 EXHIBIT"A" Sce R.GlosuR I LEASE AGREEMENT Registered Professional Land Surveyor 1E•0 F Texas Registration No.5570 t 5 T f R 9 S srg@dunawayassociates.com APART OF LOT 1 AND D May 10,2019 ALL OF LOT 2,BLOCK 1 STEPHEN R. GLOSUP FORT WORTH MUSEUM OF �'••°� 5570 t"+Q SCIENCE AND HISTORY ADDITION DUNAWAI�/ e SUR4 550 Bailey Avenue.Suite 400-Fart Worth.Texas 76107 An Addlum to the City of Fort worth oaoreing to Tel:817.335 1121 the plat recorded in CoWnet A,..;122)3,Plat FIRM REGISTRATION 10098100 R-ands,Tarrant County. ieaa C O