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Home My WebLink AboutContract 53442-A1 CSC No. 53442-A1 AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 53442 GROUND LEASE BETWEEN CITY OF FORT WORTH AND AMERICAN QUARTER HORSE FOUNDATION This AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 53442 (this "Amendment") is made and entered into by and between the CITY OF FORT WORTH, TEXAS ("Landlord"or"City"), a home rule municipal corporation organized under the laws of the State of Texas, and AMERICAN QUARTER HOURSE FOUNDATION, a Texas non- profit corporation("Tenant"). The following introductory provisions are true and correct and form the basis of this Amendment: A. On or about December 23, 2019, Landlord and Tenant entered into a ground lease agreement for the lease of certain real property at 1400 Gendy Street,Fort Worth,Texas("Leased Premises"), said lease being styled as "Ground Lease Between City of Fort Worth and American Quarter Horse Foundation City Secretary Contract ("CSC")No. 53442"(the"Lease"). B. Landlord and Tenant desire to amend the Lease as provided in this Amendment. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Landlord and Tenant agree to amend the Lease as follows: 1. Section 2.01 is hereby amended to replace October 1,2020 with October 1, 2021. 2. The last sentence of Section 5.01 is hereby deleted. 3. The following is inserted at the end of Section 5.04(a), "The parties agree that the reference to "Tenant construction contracts" refers to contracts with Tenant's Contractor for the direct, actual, or physical construction of the Improvements and does not include contracts that involve services including design, architecture, or engineering services." 4. In accordance with Section 15.01, the attached Exhibit "A" is added to and incorporated into Exhibit"A"of the Lease. 5. Except as expressly amended by this Amendment, all of the terms and provisions of the Agreement are renewed and ratified and will remain in full force and effect. To the best of Landlord's knowledge,no uncured breach or event of default has occurred as of the date hereof In the event of a discrepancy or conflict between the terms and provisions of the Agreement and this Amendment,the terms and provisions of this Amendment will control. This Amendment may be executed by facsimile or otherwise in multiple counterparts, each of which will, for all purposes, be deemed an original, but which together will constitute one and the same instrument. All capitalized terms used herein which are not otherwise defined have the same definitions as set forth in the Agreement. [Signature Page to Follow] OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH AMERICAN QUARTER HORSE FOUNDATION, a Texas non-profit corporation 'Z� `!Gl&rGILRle /I Dana Burghdoff(Aug 24,202 1�:38 CDT) � By: Dana Burghdoff Name: Craig Huffhines Assistant City Manager Title: Executive Vice President APPROVED AS TO FORM AND LEGALITY: Leann Guzman(Au ,2 7:15 CDT) Deputy City Attorney M&C: 19-0276 1295: 2019-547405 �4�avpp�� apF F°°Rr��a a1°°°°° °°odo ATTEST: v v°o ° P g=d 00000000 aB�nEXA54ab Mary J. Kayser, City Secretary City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for theAmon' ringd administration of this contract, ll performance and reporting requirements. NfrneTTI plt4 Assistant Director PMD Title OFFICIAL RECORD CITY SECRETARY 2 FT. WORTH, TX Exhibit "A" BEING a 6.597 acre tract of land situated in the John P. Montgomery Survey, Abstract No, 1030, City of Fort Worth, Tarrant County, Texas, and being more particularly described as follows BEGINNING at a 5/8" iron rod with yellow cap stamped 'DUNAWAY ASSOC. LP" (hereinafter called 5/8" YCIR) set in the south right—of—way line of West Lancaster Avenue (a 100' public right—of—way) in the westerly right—of—way line of Gendy Street (a 97' public right—of—way) for the most northerly northeast corner of Lot 1, Block 1, Western Heritage Addition, an addition to the City of Fort Worth, according to the plat recorded in County Clerk's Document Number D209293858, Plat Records, Tarrant County, Texas; THENCE South 44'52'37" East, with west right—of—way fine of sold Gendy Street, a distance of 28.28 to a 5/8" YCIR set; THENCE South OOV50" West, continuing with the west right—of—way line of said Gendy Street, a distance of 674.90 feet to a X—cut set in concrete in the north line of Lansford Lane (a 50' public right—of—way); THENCE South 4518'37" West, with the north right--of—way line of said Lansford Lane, a distance of 14.14 feet to a 5/8" YCIR set; THENCE North 89'40'37" West, continuing with the north right—of—way line of sold Lansford Lane, a distance of 386.57 feet to 5/8" YCIR set in the east line of Montgomery Street (a variable width public right—of—way); THENCE North 44'5533" West, with the east right—of—way line of said Montgomery Street, a distance of 14,21 feet to a 5/8" YCIR set; THENCE North 0010'29" West,,continuing with the east right—of—way line of said Montgomery Street, a distance of 634.04 feet to X—cut set in concrete for the beginning of a curve to the right having a central angle of 89'37'07", a radius of 60.00 feet and a chord bearing and distance of North 45'00'56" East — 84.57 feet; THENCE continuing with the east right—of—way line of said Montgomery Street and with said curve to the right in a northeasterly direction, an arc length of 93.85 feet to a 5/8" YCIR set in the south right—of—way line of sold West Lancaster Avenue for the end of said curve; THENCE South 89'47'40" East with the south right—of—way line of sold West Lancaster Avenue, a distance of 332.32 feet to the POINT OF BEGINNING and containing 287,371 square feet or 6,597 acres of land. I Exhibit "A" cont'd his Oil ri ■ i a r ti!� r{� 8 . L L 91 @ r lip fill if >. R I ld� a i fit IIII .l s � �,i��tlii.pai��;a111�► �� I a� 1 � �� a� i� a ;