HomeMy WebLinkAboutContract 33089-AM1 CSC No. 33089-AM 1
FIRST AMENDMENT TO
LICENSE AGREEMENT WITH 1500 N MAIN,LLC
(CITY SECRETARY CONTRACT NO. 33089)
This First Amendment ("Amendment") to City Secretary Contract ("CSC") No. 33089 ("License") is
made and entered into by and between the CITY OF FORT WORTH, a Texas home-rule municipal
corporation ("Licensor"), acting by and through Dana Burghdoff, its duly authorized Assistant City
Manager,and 1500 N Main,LLC,a Texas limited liability company("Licensee"),acting by and through
Andrew Segal, its duly authorized representative.
RECITALS
WHEREAS, City owns the parking lot adjacent to The Mercado at 1500 N Main. Street,Fort Worth,
Texas 76164, known as the"Remainder Lot," as describe in Exhibit"B"to the License; and
WHEREAS,Licensor and Licensee are currently parties to the License which allows Licensee to use
the Remainder Lot exclusively during the day and a non-exclusive use for the Remainder Lot on nights
and weekends to allow use by visitors of the Rose Marine Theater and patrons of area businesses; and
WHEREAS, Fort Worth Independent School District ("FWISD") has expressed interest in having
access to the Remainder Lot during the day throughout the week for their employees and visitors to park
personal vehicles during the day; and
WHEREAS, the License currently does not allow for any sub-licensing of the Remainder Lot; and
WHEREAS, Licensor and Licensee have agreed to amend the License to allow the Licensee to sub-
license the Remainder Lot with City approval to FWISD or others, as set forth below.
AGREEMENT
In consideration of the mutual covenants contained in this Amendment, Licensor and Licensee agree to
amend the Lease as follows:
1.
Section 13 of the License is deleted in its entirety and replaced with the following:
13. EFFECT OF SALE OF PROPERTY.
The License granted hereunder shall vest only in Licensee and cannot be assigned
to a new owner of all or any portion of the Mercado Property without prior consent of the
City Council, which consent shall not be unreasonably withheld, conditioned or delayed
provided that (i) the City Council finds that the proposed assignee is committed to
operating the Fort worth Mercado in accordance with the City's Vision and (ii) the
proposed assignee agrees in writing to assume all terms and conditions of this Agreement.
OFFICIAL RECORD
Amendment between the City of Fort Worth and
1500 N Main,LLC under CSC 33089 _ 1 _ CITY SECRETARY
FT. WORTH, TX
Any attempted assignment without the City Council's prior consent shall constitute
grounds for termination of this License Agreement granted hereunder following ten (10)
calendar days of receipt of written notice from the City to Licensee. Any attempted
assignment to a person or entity that does not own the Mercado Property shall be void.
Additionally,and excluding the requirements mentioned above for any type of assignment
of this License to a subsequent owner,Licensee may sub-license portions of the Remainder
Lot under this License Agreement with the consent of the City,through the Director of the
City's Property Management Department, such consent to be in writing (including via
email).
In Section 14 of the Agreement,the following addresses shall be substituted for Licensee:
Licensee:
11211 Katy Freeway,L.P.
Attn: John Rentz
720 North Post Oak Road, Suite 500
Houston, Texas 77024
Telephone: 713-777-7368
Email: John.Rentz(a�BoxerProperty.com
With copy to: Boxer Retail
Attn: Michael Pariza
2727 LBJ Freeway, Suite 610
Dallas, TX 75234
Email: Michael.Pariza@BoxerResorts.com
2.
Except as amended by this Amendment, all of the terms and conditions of the License, as
amended, are ratified and remain in full force and effect.
[SIGNATURES ON NEXT PAGE]
This Amendment shall be effective on May 7 , 2022.
Amendment between the City of Fort Worth and
1500 N Main,LLC under CSC 33089 -2-
LICENSOR: LICENSEE:
CITY OF FORT WORTH 1500 N MAIN,LLC
a Texas home-rule municipal corporation a Texas limited li bility corporation
Dana BurandaFF
By: Dana Burghdoff un13,202212:31CDT) By:
Dana Burghdoff
Assistant City Manager Name: W f-6,j 5.01 Cj
Date: Jun 13,2022 Title: f''1AMOCl f,r
Date: .5b /Z a7-Z
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.
'h
Name: Mark B,, n(J I,7,202212:38CDT)
Lease Manager,Property Management Department
Title:
Date: Jun 7,2022
APPROVED AS TO FORM AND LEGALITY:
By:
Thomas R. Hansen
Assistant City Attorney
Date: Jun 10,2022
ATTEST: O�00000 ad
7GtylylGttG S 6'n G"Yaa ���L�►o° °O'A�d
BJannette S.Gooch It 13,202214:23 CDT) i1 � O��
y: _° °
Jannette S.Goodall g° S=�
City Secretary P� °°° *.d
Jun 13,2022 a44�EXASa4d
Date:
Form 1295:
Contract Authorization:
M&C: 21-0980 Date:
OFFICIAL RECORD
Amendment between the City of Fort Worth and
1500 N Main,LLC under CSC 33089 _3 _ CITY SECRETARY
FT. WORTH, TX