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HomeMy WebLinkAboutContract 44288 (2)CITy ryaRx 114TNic LICENSE AGREEMENT This LICENSE AGREEMENT (the "License") is made and entered into as of February 18, 2013 and between Lancaster Corridor Redevelopment, LLC, a Texas limited liability company ("Licensor") and The City of Fort Worth, a Texas municipal corporation ("Licensee"): WITNE S SETH: 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 right to use the property located in the 200 block of 15th Street, situated in Fort Worth, Tarrant County, Texas, as more particularly described in Exhibit "A", attached hereto and made apart 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 term ("License Term") of thirty days, commencing February 18, 2013 and expiring on March 20, 2013, with automatic renewals for subsequent thirty -day terms, until the termination of this agreement as provided herein. 4. Consideration. Licensee shall provide general maintenance to the Premises. 5. Use of Premises. Licensee shall permit parking of vehicles on the Premises. 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 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 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. 6. Signage. Licensee may erect signage to designate the Premises. At the expiration of this License Agreement, Licensee may remove the signage and restore the Premises to the condition it was at the commencement of the License Term. 7. Alterations, Additions, and Improvements. Licensee shall make no alterations in, or additions to, the Premises without the prior written consent of Licensor. 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. 8. 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. �1,1°FiCAIL RECORD pTy SECRETARY TT: wOaTh, TX '1 RECEIVED MAN 19 ii146 9. Repairs and Maintenance. Licensor has no obligation to make repairs of any sort to the Premises, Licensor's sole obligation hereunder being to make the Premises available to Licensee in accordance with and subject to the convenants, restrictions and limitations set forth herein 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. 10. 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. 11 Licensee's Default. If Licensee shall fail to perform or observe any of its obligations hereunder then Licensor may terminate this License by giving Licensee written notice thereof, in which event this License and all interest of Licensee hereunder shall automatically terminate. Such rights of Licensor in the case of a default by Licensee hereunder are not exclusive, but are cumulative of all other rights Licensor may have hereunder, at law or in equity; and any one or more of such rights may be exercised separately or concurrently to the extent provided by law. 12. Notice. Any notice hereunder must be in writing. Notice deposited in the United States 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: LANCASTER CORRIDOR REDEVELOPMENT, LLC 908 MONROE STREET FORT WORTH, TEXAS 76102 ATTN: JESUS CHAPA If to Licensee, to: CITY OF FORT WORTH PARKING ADMINISTRATION 311 W. 10TH STREET FORT WORTH, TEXAS 76102 ATTN: PETER ELLIOTT With a copy to: CITY ATTORNEY'S OFFICE CITY OF FORT WORTH 1000 THROCKMORTON 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. 13. 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 the day and year first above set forth. LICENSOR: LANCASTER CORRIDOR REDEVELOPMENT, LLC a Texas limited liability company *--------- By: �_� _ �. Jesus Chapa, Manager LICENSEE: CITY OF FORT WORTH i / r By: � �r Ferna a 4 o Costa, Assistant City anager Approved as to Form and Legality: In 1 1 ,G ii Venn D. Guzman ;J Assistant City Attorney Attest: %°kg' ri 000 000,9,1, Xlrg: OFFICIAL RECORD CITY SECRETAPY Ft WORTh, TX EXHIBIT "A" DESCRIPTION OF PREMISES Being 0.721 of an acre tract of land situated in and being all of Lots 23 thru 34, Block V, Daggett's Addition, an unrecorded addition to the City of Fort Worth, Tarrant County Texas, the deed to said tract being conveyed to Lewis E Meekins, Jr., according to the deed filed in Volume 12287, Page 580, Deed Records of Tarrant County, Texas, said 0.721 of an acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a led tack found at the southwest comer of said Lot 34 also being in the east line of Lot 1, Block 3, Jennings East Addition, an unrecorded addition to the City of Fort Worth, Tarrant County, Texas and also being in the north line of W. 15th Street (a variable width RO- W) and from which a "Y" found cut in concrete bears S 00°25'51" W, 1.99 feet; THENCE N 00°25'51 " W, along the west line of said Lot 34 and along the east line of said 'Block 3, 99.81 feet to the northwest coiner of said Lot 34, also being the southwest comer of a 15 feet wide alley, from which point an "X" found cut in concrete bears N 00°38'42" W, 15.21 feet; THF,NCE S 87°49'58" E, along the south line of said alley and along the north line of said Lots 23 thru 34, 285.18 feet to a lead tack found at northeast comer of said Lot 23 also being the intersection of the westerly line of a 18 feet wide alley; THENCE S 30°25'51" E, along the westerly line of said 16 feet wide alley and along the easterly line of said Lot 23, 118.48 feet to the southeast corner of said Lot 23, also being the north line of said W. 15th Street, from which point an "Y' found cut in concrete bears S 00°36'47" E, 0.86 feet and from which point an "lead tack" found bears S 87°42'00" E, 19.04 feet; THENCE N 87°48'51" W along the north line of said W 15th Street and along the south line of said Lots 23 thru 34,344.49 feet to the POINT OF BEGINNING and containing 31,407 square feet or 0.721 acres of land more or less.