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Home My WebLink AboutContract 52487 CITY SECRETARY CONTRACT N0..�� THIRD AMENDMENT TO LEASE AGREEMENT This Third Amendment to Lease Agreement ("Third Amendment") is entered into by and between the City of Fort Worth, a home-rule municipal corporation ("Landlord"), and the National Cowgirl Museum and Hall of Fame,Inc.,a Texas non-profit corporation,("Tenant"). RECITALS A. Landlord and Tenant entered into a Lease dated February 2, 2001 (City Secretary Contract Number 26539) ("Lease"), covering Lot 3, Block 1, Western Heritage Center Addition, being a replat of Blocks 1 & 6 Ross Heights Addition, an Addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 310, Page 32, Plat Records,Tarrant County, Texas,this replat being filed of record at Cabinet 1,Slide 5951,Plat Records,Tarrant County,Texas("Leased Premises"). B. Tenant constructed the National Cowgirl Museum and Hall of Fame on the Leased Premises and subsequently constructed certain improvements on the plaza adjacent to the north of the Leased Premises ("North Plaza") located on Lot 2, Western Heritage Center Addition to the City of Fort Worth, Tarrant County,Texas. C. Landlord and Tenant entered into a First Amendment to Lease Agreement("First Amendment") dated as of November 5, 2003 (City Secretary Contract Number 29283), in which the Leased Premises were expanded to encompass the North Plaza for a twenty-eight day period. D. Landlord and Tenant entered into a Second Amendment to Lease Agreement ("Second Amendment")effective December 3, 2003 (City Secretary Contract Number 30010)to expand the Leased Premises to encompass the North Plaza for the full Lease Term allowed in the Lease. E. Tenant desires to design, construct, and install certain improvements to the area adjacent to the south of the Leased Premises, to include a screening wall with a decorative mural, greenspace, hardscape improvements, and a bronze sculpture installation("South Plaza Improvements"), all subject to the terms and conditions of the Lease. F. Tenant has raised funds from private donors to enable the design, construction, and installation of the South Plaza Improvements. G. Landlord and Tenant desire to expand the Leased Premises to accommodate the South Plaza Improvements and to outline Tenant's obligations to maintain the South Plaza Improvements. AGREEMENT In consideration of the mutual covenants contained in this Third Amendment, Landlord and Tenant agree to amend the Lease as follows: 1. Leased Premises. Section 1.01 of the Lease and Exhibit "A" attached to the Lease are amended to provide that the Leased Premises are comprised of a part of Lot 1 and all of Lot 2, Block 1, Fort Worth Museum of Science and History Addition according to plat recorded in Cabinet A, Slide 12273, Plat Records, Tarrant County, Texas, as shown and described on the site plan and the metes and bounds description attached to this Third Amendment as Exhibit"A". OFFICIAL, RECORD 29336582 CITY SECRETARY FT. WORTH,Tx 2. Construction of South Plaza Improvements by Tenant. The design, construction, and installation of the South Plaza Improvements are subject to all of the terms and conditions of the Lease; however, Section 5.03 of the Lease is amended to provide that Tenant shall begin construction of the South Plaza Improvements within three months after the effective date of this Third Amendment. All South Plaza Improvements shall be designed, constructed, and installed at Tenant's costs, in substantially the same form as depicted on the rendering of the South Plaza Improvements attached to this Third Amendment as Exhibit `B". Tenant shall maintain the South Plaza Improvements in accordance with the Lease. Beginning on the effective date of this Third Amendment, Landlord grants Tenant a temporary license to use the parking spaces along the west boundary of the Leased Premises during construction of the South Plaza Improvements, as marked on the site plan attached to this Third Amendment as Exhibit "C", ("Licensed Parking Spaces"). Understanding that Tenant's use of the Licensed Parking Spaces removes the use of the spaces from an adjacent user, Tenant agrees to coordinate with Landlord's staff for Tenant's use of the Licensed Parking Spaces during the construction of the South Plaza Improvements to minimize Tenant's use of the Licensed Parking Spaces as much as possible. Tenant is solely responsible for all construction costs, permit fees, and other costs necessary to secure the area associated with its use of the Licensed Parking Spaces. Upon completion of the South Plaza Improvements, Tenant agrees to restore the Licensed Parking Spaces to the same or better condition as existed prior to the effective date of this Third Amendment. Except as amended by this Third Amendment, all of the terms and conditions of the Lease are ratified and remain in full force and effect. EXECUTED as of the 1( aay of 2019. LANDLORD: CITY OF FORT WORTH By: nr--OJ_A� Nam . �. o ,n%. Title: w- w< T: ATTES Q: .d� APPROVED AS TO FORM AND LEGA TY: City Secre /\-A ry Ass' City Xttorney AA TENANT: -- N e J WL NATIONAL COWGIRL MUSEUM AND HALL OF FAME,INC., a Texas non-profit corporation By: Name: Kit Moncrief,President OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 29336582 2 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. By: Name: /Elli4ott �;��— Title: Parking Manager 'OFFICIAL RECORD CITY SECRETARY FT WORTH,TX EXHIBIT"A" REVISED LEASED PREMISES [see attached] 2933658_2 EXHIBIT "A* LEASE AGREEMENT A PART OF LOT 1 AND ALL OF LOT 2, BLOCK 1 FORT WORTH MUSEUM OF SCIENCE AND HISTORY ADDITION I POINT OF S89.37'19'EI BEGINNING 0 60' 81.19' 1 SCALE s� �� U `� a i M�f LOT 2 \ � m�591D4'33' S. r I BLODIL t ��' R=15.00' L-15.47' CH=S29*IW31'E 14.79' N44'45'56•W 1 22.21' 'lFOUND 10'UTILITY EAS£MENT, •� \\—_——_� C48OU A.SUOE Sff. P.R.T..T, k/R -——————————L ————————————- z P° S89'49.49'E NOO'IW53'E 6.48' f 17.,W I oM10 N89 49'39'W 12.21' 3 N O +� LOT 1 I CO BLOCK 1 W FORT WORTH MUSEUM OF SnoxF (fA5 W AND HISTORY ADDITION oC q CABINET A SLIDE 12273 LEASE AGREEMENT I N P.RTJQT. Irj 72,263 SQUARE FEET/1AS8 ACRE Z OE � z a A rvF 12 oQi 8 EAST 16.50' m e.90,00'00' ^' R-1.50' 1-136' 04=N45•DO'00'E 2.12' u PROM=11K0I7-OF-MY e YELLOW1 FOUND CAP STAMPED _ NMr25'W 24.60' 'CARTERBURGESS' i __— ------- - ♦� of Tf N89'39'17'W 165.45' hp: 1 S T E p RAREFY STREET F0"Im�STAMPED STEPHEN R. GLOSUP (VARIABLE WTH NOfT--Ol`-BII115 "CARTER&BURGESS- z SURD �° P.R.T.C.T. = Plat Records. s� DUNAWAY r c# Tarrant County, Texas A metes and bounds description of even dote accompanies this drawing. Sm"ey Avenue•Side 400•For1 YMt,Tarns 76107 Tet B17au.1121 PAGE 1 OF 2 oRRM REGLSTRATION 1 OMI00 C DATE MAY 10, 2019 DUNAWAY JOB NO. 8001706.017 0 - -- EXHIBf T 'A LEASE AGREEMENT A PART OF LOT 1 AND ALL OF LOT 2. BLOCK 1 FORT WORTH MUSEUM OF SCIENCE AND HISTORY ADDITION i PROPERTY DESCRIPTION BEING a tract of land situated In the Thomas White Survey, Abstract No. 1636, City of Fart Worth, Tarrant County, Texas, being a portion of Lot 1, Block 1 and all of Lot 2, Block 1, Fart Worth Museum of Science and History Addition, an addition to the City of Fort Worth, according to the plat recorded in Cabinet A. Slide 12273. Plot 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 Gandy Street (varloble width public right-of-gray) and the beginning of a curve to the left having a central angle of 4302*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 Gandy Street and said curve to the left in a southeasterly direction, on arc length of 84.12 feet to a point for the beginning of a reverse curve to the right hating o central angle of 5904'33", a 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'IW02'West, continuing with the west right-of-way line of said Gandy 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 comer of said Lot 2, Block 1, Fort Worth Museum of Science and History Addition and continuing with the west right-af-way line of said Gandy Street and east line of said Lot 1, Block 1, Fart 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-af-way line of said Gandy 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 o point; THENCE North 0012'25'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 9000'00', a radius of 1.50 feet and a chord bearing and distance of North 4500'OO"East - 2.12 feet; THENCE with said curve to the right in a northaosterly direction, on arc length of 2.36 feet to a point; THENCE EAST, a distance of 16.50 feet to a point; i F THENCE NORTH, a distance of 273.03 feet to a point; THENCE North 89'49'39"West, a distance of 12.21 feet to a point; THENCE North 00'10'53'East, a distance of 17.44 feet to o point; THENCE South 89'49'49"East, a distance of 6.48 feet to a point; THENCE North 0010'11'East. a distance of 49.99 feet to a point; THENCE North 44'49'36'East, a distance of 74.39 feet to a point in the southwest line of said Lot 2, Black 1, i Fart Worth Museum of Science and History Addition; 1 a THENCE North 4445'56"West, with the southwest line of said Lot 2, Block 1, Fort Worth Museum of Science and - History Addition, a distance of 22.21 feet to a point; 1 o THENCE North 0011'34'East, with the west line of said Let 2. Block 1, Fart Worth Museum of Science and History Addition, a distance of 91.39 feet to a point; THENCE South 89-37.19"East. with the north line of said Lot 2, Block 1, Fort Worth Museum of Science and History 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. i NOTES: The basis of bearings for this Lease Agreement is the Texas Coordinate System of 1983. North Central Zone. 420Z based upon CPS measurements, according to the GPS Reference Network. A drawing of even date accomponies this metes and bounds description. a 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. Z DUNAWAY JOB NO. B001706.017 PAGE 2 OF 2 _ EXHIBIT"A" a peg Profess"Lard Surveyor �F.•......7 yr LEASE AGREEMENT 9 Tmw Re gration No.5570 !.• f'•.-F y�Q`G ��o•�' A PART OF LOT 1 AND wy lo,zm9 ALL OF LOT 2,BLOCK 1 STEPHEN R. GLOSUP FORT WORTH MUSEUM OF g} <�qs 5570 SCIENCE AND HISTORY ADDITION f SSO Daley Avenue•Sude 4W•Fort worth.Texas 76107 An AdNtlen to the city of Fart riae4 amending too Tel e17935.I141 the plat retarder InCebilel A,Sede t227322Tl,Plot. FIRM REUMATON 1009a10D Rr da.Tm t County.Tern C ✓C EXHIBIT"B" SOUTH PLAZA IMPROVEMENTS [see attached] 29336582 a•,�0 .r�. xt,"MM1804 133aiLS AON30 WR3SnWl81oMO7IVNOI1YN ! i N`dld inok` i fi� 4 ol 3 • It- R 9 3 O �0 , 1 O U I o Z Cl t Z N t i Z J -S wy t i 4 � — � U , , i e lJ J - _u. • 'o • t f 3nN3nV A3lMVH z EXHIBIT"C" LICENSED PARKING SPACES [see attached] 2933658_2 i F T kJ � Y '.•�� w. 9 � ��_44 4 .10'UTILIFY E ■ PP.T.C.T. �' rw � qq 9 II S I / ipO � N �� ! �•! / � F� I • � F !/ � ! � �MGREEMEPIS 1 �� 1 / P 34 FEFr 148 A Y &1 71 lift A I /PR -WAY / / ! Y k { HARLEY STREET Foalo s/a raLow ,f. 2 � i (vARueEE woTx atWtt-pF 3nlu�nu� 1 ® PMWAy a 120 0 3 sm edsr Ara»■ •sp•40o•Evr wane rem 7dlm5 GRAPHIC SCALE IN FEET Td:817.40&1121 e w1M11RAaloN,00sa,ao Licensed Parking Spaces 0