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HomeMy WebLinkAboutContract 56770-A1 CSC No. 56770-A1 FIRST AMENDMENT TO THE LICENSE AGREEMENT This FIRST AMENDMENT{"Amendment") of Fort Worth City Secretary Contract No. 56770 is made and by and between City of Fort Worth, a home rule municipal corporation ("City"), acting by and through Dana Burghdoff, its duly authorized Assistant City Manager and Eclipse Aerospace, Inc, a Wyoming corporation ("Licensee"). City and Licensee are individually referred to as a "party" and collectively referred to as the "parties". WHEREAS, City and Licensee are parties to a License Agreement ("Agreement"), executed December 2, 2021 (City Secretary contract #56770) for use of approximately 42,240 square feet of space for storage in the Structures Bldg. #16 located at 2070 Eagle Parkway, Fort Worth, Texas, 76177 at the Alliance Maintenance Facility("Premises"); and WHEREAS, Licensee paid the license fee under the Agreement for December of 2021 and January of 2022 for use of the Premises; and WHEREAS, the removal of certain equipment located within the Premises that the parties had previously agreed would be removed before Licensee was set to move into the Premises was delayed, in turn preventing Licensee from utilizing the Premises for the months of December of 2021 and January of 2022; WHEREAS, both parties have agreed there has been no default of either party under the Agreement and that, now, to rectify the situation, the parties are amenable to offsetting the license fees that were paid for the two months in which Licensee was not able to utilize the Premises by not requiring Licensee to pay a license fee for the months of March and April of 2022. NOW THEREFORE, in consideration of the terms set forth herein, the Agreement, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the City and Licensee agree to amend the Agreement as follows: Licensee shall not pay a license fee for the months of March and April 2022 in order to offset the license fee payments made for December 2021 and January 2022 at which time Licensee was unable to use the Premises. Except as modified by this Amendment, all of the terms and conditions of the Agreement remain in full force and effect. [signature page following] OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX EXECUTED on this day of day of Z , 2022. LESSOR: CITY OF FORT WORTH LESSEE: ECLIPSE AEROSPACE,INC. ✓�Gl�1G1' �l� LIG� 1 Dana Burghdoff(A 19,2022 1 :17 CDT) By: � Dana Burghdoff Name: e Q2 Assistant City Manager Title: /ej, City of Fort Worth 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. —e,o Name: Mark Brown Title: Lease Manager,Property Management Department APPROVED AS TO FORM AND LEGALITY: Thomas Royce Hansen Asst. City Attorney ATTEST: 44494pgn� 0o4 TgnneHe 5.Gaa�lgll G A. �o0�0 Jo annette S.Goodall(Apr 19,202215:03 CDT) �0o p=� S. Ja tte all pi n a eaa-1C}7 Secretary � n dd M&C: NA 1295: NA OFFICIAL RECORD CITY SECRETARY 2 FT.WORTH, TX