HomeMy WebLinkAboutContract 52847-A2 CSC No. 52847-A2
PARKING LOT LICENSE AGREEMENT
WHEREAS,the City of Fort Worth,Texas,a home-rule municipal corporation of the State of Texas
("City") entered into a certain License Agreement dated September 25, 2019 (City Secretary Contract No.
52847), as subsequently amended by that certain First Amendment to License Agreement dated December
18, 2019 (City Secretary Contract No. 52847-A) (as amended, the "Original License Agreement"), with
Lanter Delivery Systems, LLC ("Tenant') to license use of approximately 4.98 acres for trailer parking at
the Alliance Maintenance Facility located at 2000 Eagle Parkway,Fort Worth,Texas,76177,said area more
particularly described in the License Agreement as the"Lot'; and
WHEREAS, Tenant delivered notice of its intent to terminate the License Agreement and
surrendered possession of the Lot effective April 30,2020; and
WHEREAS,the City and Tenant desire to enter into a restated license agreement effective June 3,
2020 ("Restated License Agreement') that incorporates the terms and conditions of the Original License
Agreement subject to certain changes set forth herein.
NOW THEREFORE, in consideration of the terms set forth herein and other good and valuable
consideration,the parties agree as follows:
The parties agree that the terms and conditions of the Original License Agreement, attached hereto
as Exhibit"A",are incorporated herein and adopted in its entirety as the terms and conditions of this Restated
License Agreement,with the following amendments.
SECTION 1.Premises.
Section 1 of the Original License Agreement is amended by the addition of a second paragraph as
follows:
Effective on July 1, 2020, the Premises shall be reduced to be that area described on the attached
Exhibit B-1 labeled as "Portion 1". Tenant shall surrender to the City possession of the portion of the
Premises identified as"Portion 2"on the attached Exhibit B-1 on June 30,2020.
SECTION 3.Term.
Section 11 of the Original License Agreement is amended by the addition of a second paragraph as
follows:
The License Term is reinstated as of June 3, 2020 ("Reinstatement Date") with respect to the
Premises consisting of Portion 1 and Portion 2. The License Term with respect to Portion 2 is terminated
at 11:59 p.m. on June 30,2020. The License Term with respect to the balance of the Premises(i.e.,Portion
1) shall, subject to the earlier termination as hereinafter set forth,this Agreement shall remain on a month
to month term and may be terminated by either party by providing a 30 day written notice.
License Agreement between the City of Fort Worth and OFFICIAL RECO R,F`
Lanter Delivery Systems,LLC CITY SECRETARV
- 1 - FT WORTH,TX �-
SECTION 4.Premises.
Section 4 of the Original License Agreement is deleted in its entirety and replaced with the following:
Tenant will pay City a license fee of$5,600.00 per month to use the Lot during the License Term.
Effective December 9,2019,the license fee will increase to $15,618.87 per month for use of Lot 2.
The prorated amount of the increase due for December 9'_31st is $7,576.20 and is due upon
execution of this Amendment. Effective on the Reinstatement Date through June 30, 2020,the
license fee will be$14,577.62 (i.e., $15,618.87 prorated for 28 days). Effective July 1, 2020 and upon
Tenant's surrender of Portion 2 to the City,the License Fee will be reduced to $7,809.44 per month.
The monthly fee is due to City on or before the 1 n of each month via direct deposit into the Alliance
Maintenance Fund bank account, the information for which shall be provided by the Property
Manager to Tenant after the Effective Date hereof. If the payment of fees is not received by City as
provided herein,then after five(5) days after receipt of written notice from City, all amounts due and
payable to City hereunder shall bear interest from the date the payment of fees was due until paid, at a
per annum rate of interest equal to the lesser of(a) eighteen percent(18%) or(b)the highest non-
usurious rate permitted by applicable law. Time is specifically of the essence of this provision and of
evely provision of this Agreement.
Exhibit B-1.
The attached document titled"Exhibit B-1"is incorporated in and made a part hereof for all
purposes.
All other terms and conditions of the Original License Agreement remain unchanged and in full force and
effect.
(SIGNATURES APPEAR ON FOLLOWING PAGES)
License Agreement between the City of Fort Worth and
Lanter Delivery Systems,LLC
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In witness whereof,the parties hereto have caused this Lease to be executed as the day and year first above set forth.
CITY: TENANT:
CITY OF FORT WORTH LANTER DELIVERY SYSTEMS,LLC
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By: Dana 0urghd 6,2025:2a CDT) By:
Dana Burghdoff �7
Assistant City Manager Name: S2CV15 t0OC UjYcK
Jul 6,2020
Date: Title: (/1(C f2/LEci�„r-
Date: 7
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.
Name: dark Brown(Jul 1,202016:56 CDT)
Title: Senior Land Agent,Property Management Department
Date: Jul 1, 2020
APPROVED AS TO FORM AND LEGALITY:
L2g/t/I GGImall
By: Leann Guzman(Jul 6,202015:18 CDT)
Leann Guzman
Senior Assistant City Attorney
Date: Jul 6,2020
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ATTEST:
By:
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Mary Kayser
City Secretary
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Date: Jul 7,2020 V
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Form 1295:Not required
Contract Authorization:
M&C:Not required
License Agreement between the City of Fort Worth and
Lanter Delivery Systems,LLC OFFOCOAL RECORD
CITY SECRETARY
Exhibit
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PORTION PORTION