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HomeMy WebLinkAbout064539 - General - Contract - Mercado Northside, LLCCSC No. 64539 PARKING LIC�NSE AGR�EMENT This Parking License Agreement ("AgreemenY') is entered into by and between the City of Fort Worth, a Texas home-rule mimicipal corporation, acting by and through its duly authorized Assistant City Manager, Valei•ie Washington ("Licensor"), and Mercado Noi•thside, LLC, acting by and through its duly authorized representative, Roty Maguire ("Licensee"). WHEREAS, Licensor owns a certain piece of propei�ty located at 127 NE 14'�' Street, Fort Worth, Texas 76164 ("Property"), on which is located a parking lot containing appt•oximately one hundred seventy- seven (177) packing spaces (the "Parking Lot"). The Parking Lot is depicted on Exhibit "A" attached hereto; and WHEREAS, Licensee has purchased the Mercado Building at ]500 N. Main Street ("Mercado") adjacent to the Parking Lot with a plan to reactive the Meccado with new shops and restaurants to revitalize the area; and WHEREAS, Licensee needs to provide parking for the tenants and pati•ons of the Mercado; and WHER�AS, on or about August 18, 2025, Licensor and Licensee entei•ed into a short-tei•m Parking Lease Agreement for the Property, registered as CSC No. 63823 (the "Short Term Lease"); and WHEREAS, Licensee has requested, and the Licensor agree—the Short-Term Lease shall automatically tei•minate upon the Effective Date of this Agreement foi• the non-exclusive use of the Parking Lot at the Property-and NOW THEREFORG, in consideration of the duties, covenants, and obligations under this Agreement, and for other good and valuable consideration, the i•eceipt and sufficiency of which is hereby acknowledged and agreed, the parties hei•eto agree as follows: WITNESSETH: 1. Parking Spaces. Licensoi• hereby g►�ants Licensee the non-exclusive use of appi•oximately one hundred seventy-seven (177) spaces in the Parking Lot as depicted on Exhibit "A" for parking only. Under no circumstances during the Term will Licensee use or cause to be used on the Parking Lot any hazardous or toxic substances oi• materials, or store or dispose of any such substances oi• materials on the Parking Lot; provided that the pi•esence of fuel, engine oil and hydraulic fluids used for oi• stoi•ed within vehicles parked on the Parking Lot will not be deemed a violation of this Section 1. Licensee shall not install signs, advertising media, or lettering on the Parking Lot without pi•ior written approval of Licensor, which appi•oval shall not be uru•easonably withheld. Licensee, Licensee's tenants, and such tenants' employees, invitees, guests, customers, and agents (collectively, the "Licensee Parties") will have non-exclusive access to the Parking Lot. 2. Condition of Parking Lot. Licensee's taking possession of the Parking Lot shall be conclusive evidence that: (a) the Parking Lot are suitable for the purposes and use for which they are leased; and (b) Licensee waives any and all defects in and to the Pai•king Lot, their appurtenances, and in all the appurtenances thereto. Fu��ther, Licensee takes the Packing Lot and all appurtenances in "AS IS" condition without warranty, expressed or implied, on the par•t of Licensor. Licensor shall not be liable to the Licensee Parties for any damage to any person or property due to the Parking Lot or any part of any appurtenance thereof being irnproperly constructed or being or becoming in disrepair. Parking Lease Agreement bet�veen City of Port Worth and Mercado Northside LLC OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 3. Agreement Term. The tei•m of this Ag►•eement shall commence on the ("Effective Date"), as shown in page 7 of this Agreement, and continue for a period of ninety-nine (99) years ("Term") unless terminated pursuant to Section 15 as provided herein in this Agreement. 4. Agreement Fee. Licensor and Licensee agree, the use of the Parking Lot by tenants and patrons of the Mercado provides a public purpose in support of the growth and success of the new businesses at the Mercado and revitalization of the area. Therefore, due to this public purpose and the non-exclusive use by Licensee, no agreement fee will be required. 5. Alterations, Additions, Improvements, and Signage. Licensee shall make no alterations on or additions to the Parking Lot without the prior written consent of Licensor, which consent shall not be unreasonably withheld. Any alterations approved by Licensor that are made to the Parking Lot by the Licensee shall be at Licensee's sole cost and expense. All alterations, additions and improvements made to or fixtures or• other improvements placed in or upon the Parking Lot shall be deemed a part of the Parking Lot and the property of Licensor at the end of the Term. All such alterations, additions, improvements, and fixtui•es shall remain upon and be suri•endered with the Parking Lot as a part thereof at the termination of this Agreement. Licensee may at its sole option and expense remove any Licensee alterations at any time during the Term with Licensor approval, which approval shall not be unreasonably withheld. Upon the termination of this Agreement, whether by lapse of time or otherwise, Licensee shall (i) deliver the Parking Lot to Licensor in as good a condition as the same was as of the date of the taking of possession thereof by Licensee, subject only to ordinary wear and tear and damage caused by casualty oi• condemnation and (ii) upon Licensor request, remove any alterations and make any repairs to the Parking Lot as needed in order to comply with the provisions of Section 13 below. Notwithstanding the foregoing, in no event shall Licensee be required to completely replace or repave the surface of the Parking Lot. 6. Indemnity. (a) LICENSEE SHALL AND DOES AGREE TO INDEMNIFY, PROTECT, DEFEND AND HOLD HARMLESS LICENSOR, LICENSOR'S OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES, (INCLUDING REASONABLE COURT COSTS, REASONABLE ATTORNEYS' FEES AND REASONABLE COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION TO THE EXTENT CLAIMED BY THIRD PARTIES BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY (1) THE USE OR OCCUPANCY OF THE PARKING LOT BY THE LICENSEE PARTIES, OR (2) REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY CAUSED BY ANY ACT OR OMISSION ON THE PART OF ANY OF THE LICENSEE PARTIES, OR (3) BY ANY BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF LICENSEE UNDER THIS AGREEMENT (COLLECTIVELY, "LIABILITIES"), EXCEPT TO THE EXTENT ARISING OUT OF OR RESULTING FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY INDEMNITEE. IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST ANY INDEMNITEE IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, LICENSEE, ON NOTICE FROM LICENSOR, SHALLDEFEND SUCH ACTION OR PROCEEDING, AT LICENSEE'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO LICENSOR. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO ALL ACTIVITIES OF LICENSEE WITH RESPECT TO THE USE AND OCCUPANCY OF THE PARKING LOT, WHETHER OCCURRING BEFORE OR AFTER THE COMMENCEMENT DATE OF THE TERM AND BEFORE OR AFTER THE TERMINATION OF THIS AGREEMENT SO LONG AS THE CAUSE FOR SUCH CLAIM AROSE DURING THE TERM. THIS INDEMNIFICATION SHALL NOT BE LIMITED TO DAMAGES, COMPENSATION OR BENEFITS PAYABLE UNDER INSURANCE POLICIES, WORKERS' COMPENSATION ACTS, DISABILITY BENEFIT ACTS OR OTHER EMPLOYEES' BENEFIT ACTS. Parking Lease Agreement bet�veen City of Fort Worth and Mercado Northside LLC 2 (b) IT IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS NOW OR HEREAFTER IN EFFECT AND AFFECTING THE VALIDITY OR ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATION UNDER THIS PARAGRAPH 7, SUCH LEGAL LIMITATIONS ARE MADE A PART OF THE INDEMNIFICATION OBLIGATION AND SHALL OPERATE TO AMEND THE INDEMNIFICATION OBLIGATION TO THE MINIMUM EXTENT NECESSARY TO BRING THE PROVISION INTO CONFORMITY W1TH THE REQUIREMENTS OF SUCH LIMITATIONS, AND AS SO MODIFIED, THE INDEMNIFICATION OBLIGATION SHALL CONTINUE IN FULL FORCE AND EFFECT. (C) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS), SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH THIS AGREEMENT EVEN IF NOTICE WAS GIVEN OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE. 7. Waiver of Liability. ALL VEHICLES AND ALL PERSONAL PROPERTY WITHIN VEHICLES USING THE PARI<ING LOT, WHETHER PURSUANT TO THIS AGREEMENT OR OTHERWISE SHALL BE AT THE RISK OF LICENSEE ONLY, AND NO INDEMNITEES SHALL BE LIABLE FOR ANY LOSS OR THEFT OF OR DAMAGE TO PROPERTY OF ANY OF THE LICENSEE PARTIES, OR TO OTHERS, REGARDLESS OF WHETHER SUCH PROPERTY IS ENTRUSTED TO EMPLOYEES OF LICENSOR OR SUCH LOSS OR DAMAGE IS OCCASIONED BY CASUALTY, THEFT OR ANY OTHER CAUSE OF WHATSOEVER NATURE, UNLESS DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY INDEMNITEE. 8. Insurance. Licensee shall procure and maintain at all times, in full force and effect, a policy oi• policies of insui•ance as specified herein, which liability policy shall list the Licensor as an additional insured as its intei•est may appear only to the extent of Licensee's obligations under the tei•ms of this Agreement, and specifically excluding any coverage for any loss or injuiy arising out of or related to additional insured's negligent or willful acts or omissions, and covering all public risks related to the leasing, use, occupancy, maintenance, existence or location of the Pai•king Lot. Licensee shall obtain the following insurance coverage at the limits specified her•ein: * Commercial General Liability: $1,000,000.00 per occurrence (Including Products and Completed Operations); In addition, Licensee shall be responsible for all insurance to any personal property of Licensee or in Licensee's care, custody or control. Licensee is allowed to self-insure without the prioi• written consent of Licensor. Any self-insured retention or other financial responsibility for claims shall be covered directly by Licensee in lieu of insui•ance. 9. Abandoned Property. Licensee's pei•sonal property not p►•omptly i•emoved by Licensee from the Parking Lot at the termination of this Agreement, whether tej•mination shall occui• by the lapse of time or otherwise, shall thereupon be conclusively presumed to have been abandoned by Licensee to Licensor•. Licensor may dispose of said property with no liability whatsoeve►• to the Licensee or any other. Fixtures attached to the Parking Lot become the property of Licensoi•, if not removed as required herein. ] 0. Condemnation. If all or any portion of the Property is taken or condemned by eminent domain or any authority having the powei• of eminent domain, and such taking materially impaii•s Licensee's use of the Property, Licensee shall have the right to terminate this Agreement upon thirty (30) days' written notice to Licensoi•. Any condemnation awai•d oi• payment shall be allocated between Licensoi• and Licensee as Parking Lease Agreement beriveen City of Fort Worth and Mercado Northside LLC follows: Licensor shall i•eceive the value of the undei•lying fee interest, and Licensee shall be entitled to the value of its leasehold estate, including any unamortized value of improvements made by Licensee and any relocation expenses. ll. Assigntnent and Subletting. Licensee may not assign this Agreement or sublease the Parking Lot to an affiliate or in connection with a sale of substantially all of Licensee's assets, without prior written notice and consent by Licensoi•. 12. Damage to Parking Lot or Propet-ty of Licensor. If, at any time dui•ing the Term, by the acts or omissions of any of the Licensee Pai•ties there is damage to the Parking Lot oi• any propei�ty therein is damaged or destroyed, Licensee shall be obligated to pay, within thirty (30) days afte►• demand from Licensoi•, all reasonable costs to repair such damage, or alternatively, at Licensee's option, Licensee shall cause such damage or destruction to be repaii•ed or i•estored. Failure to repair or pay for repairs will be a materia( breach of the agreement and Licensor can terminate said agreement with (30) day notice. 13. Repairs and Maintenance. Licensor's obligation hereunder is to malce the Parking Lot available to Licensee in accordance with and subject to the covenants, restrictions and limitations set forth hei•ein and to make general repairs as needed, including striping parking spaces and replacement of parking lot pole lights, as needed at Licensor's discretion, to keep the Parking Lot usable for Licensee. Licensee shall use the Parking Lot in a neat, clean, careful, safe, and propei• manner and comply with all applicable laws, ordinances, orders, rules, and regulations of all governmental bodies (state, county, federal, and municipal). At no time may there be any maintenance of any vehicles, including but not limited to, trailei•s, trucks, recreational vehicles and automobiles, by any of the Licensee Parties within the Parking Lot or Propeirty and if a spill of any nature takes place arising fi�om the actions of a Licensee Party, Licensee must notify the Licensor immediately and is responsible for all clean up and i•epairs to the extent at•ising fi•om the spill. 14. Severability. If any clause oi• provision of this Agreement is or becomes illegal, invalid or unenforceable because of present or future laws or any i•ule or regulation of any governmental body or entity, effective during the Term, the intention of the parties hereto is that the remaining parts of this Agreement shall not be affected thereby unless such invalidity is, in the sole determination of the Licensor, essential to the i•ights of both parties, in which event Licensor has the right, but not the obligation, to terminate the Agr•eement on written notice to Licensee. 15. Default and Termination. (a) Licensee's Default. If Licensee shall fail to perform or observe any of its obligations hereunder then Licensor may terminate this Agreement by giving Licensee thirty (30) days prior written notice thei•eof, provided that (i) if Licensee fails to cure such default within thirly (30) days of receipt of Licensor's default notice then this Agceement and all intei•est of Licensee hereunder shall automatically tei•minate, but (ii) if Licensee does so cure such default within said thirty (30) days, Licensor's tei�mination notice will be deemed withd�•awn. Such rights of Licensot• in the case of a default by Licensee hereunder are not exclusive, but are cumulative of all other rights Licensor may have hei•eunder at law or in equity; and any one or more of such rights may be exercised sepa►�ately or concui•rently to the extent provided by law. (b) Licensor's Default. If Licensor shall fail to perform or observe any of its obligations hereunder then Licensee may tei•minate this Agreement by giving Licensor fifteen (15) days prioi• written notice thei•eo£ If Licensor fails to cure such default within fifteen (15) days of receipt of Licensee's default notice then this Agreement and all interest of Licensor hereunder shall automatically terminate, but if Licensor does so cure such default within said fifteen (15) days, Licensee's termination notice will be deemed withdrawn. Such rights of Licensee in the case of a default by Licensor hereunder al•e not exclusive Parking Lease Agreement bebveen City of Fort Worth and Mercado Northside LLC but are cumulative of all other rights Licensee 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. (c) Termination for Higher and Better Use. If the Licensor determines there is a higher and better use for the Parking Lot Property, Licensor shall have the right to terminate this Agreement by providing the Licensee with a twelve (12) month notice. Upon providing the termination notice to Licensee, Licensor shall work in good faith to locate another option for parking for the Licensee however, the Licensor cannot provide any guarantees that another location will be identified and is not liable if no parking location is found. 16. Notice. Any notice hereunder must be in writing. Notice may be sent via email or sent by nationally recognized overnight courier service, such as, but not limited to, Federal Express, by certified mail with return receipt requested, or by express 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: To Licensor: City ofFort Worth Property Management Department Lease Management 100 Fort Worth Trail Fort Woi-th, TX 76102 To Licensee: Mercado Northside, LLC Attn: Ro�y Maguire 451 South Main Street, Suite 200 Fort Wo��th, Texas 76104 With a copy to: City ofFort Worth City Attorney 100 Fort Worth Trail Fort Worth, TX 76102 With copies to: CHC Management 451 South Main Street, Suite 200 Fort Worth, Texas 76104 Kelly Hart & Hallman, LLP Attn: Andy Rogers 201 Main Street, Suite 2500 Fort Worth, Texas 76102 The parties hereto shall have the continuing right to change their respective address by giving at least ten (10) days' notice to the otllei• party. 17. Audit. Pursuant to Chapter 2, Article IV, Division 3, Section 2-134, Administration, Powers and Duties of the Department of Inte��nal Azrdit, of the Code of Ordinances of the Licensor, Licensor may at Licensor's sole cost and expense, at reasonable times dueing Licensee's normal business hours and upon reasonable notice, audit Licensee's books and records, but only as it pertains to this Agreement and as necessary to evaluate compliance with this Agreement, and subject to Licensee's ceasonable discretion to reject requests for confidential information. 18. Entire Agreement. This Agreement constitutes the entire agreement between Licensor and Licensee relating to the use of the Parking Lot and no prior written or oi•al covenants or representations relating thereto not set forth herein shall be binding on either party hereto. 19. Amendment. This Agreement may not be amended, modified, extended, or supplemented except by written instrument executed by both Licensor and Licensee. Parking Lease Agreement behveen City of Fort Worth and Mercado Northside LLC 20. Counterparts. This Agreement may be executed in several counterpacts, each of which shall be deemed an original, but all of which shall constitute but one and the same docu►nent. 21. Right of First Refusal and Right of First Offer. In the event Licensoi• receives a bona fide third-party offer to purchase all or any part of the Property which Licensoi• desires to accept, Licensor shall provide Licensee with wi•itten notice of all matei•ia( tecros and conditions of such offer (the "Offer"). Licensee shall have thirty (30) days after receipt of such notice-to elect to purchase the Property on the same tei•ms and conditions as set forth in the Offer. If the Licensee does not provide Licensoi• with notice to purchase the property within the thirty (30) day period, then Licensee forfeits the ROFR. 22. Termination of Short-Term Lease. As of the Effective Date of tliis Agreement, Licensoi• and Licensee agree the Short-Term Lease will automatically terminate and hereby release each other from all rights and duties under except those that specifically sucvive tertnination. 23. �stoppel Certificates. Within sixty (60) business days after Licensor's written request fi•om Licensee, Licensor sha(1 execute and deliver to Licensee an estoppel certificate certifying (i) that this Agreement is in full force and effect, (ii) the date of commencement and expiration, (iii) the amount of i•ent (if any) paid, (iv) that no defaults exist (or specifying any defaults), and (v) such othei• factual matters as may be reasonably requested. (SIGNATURES APPEAR ON FOLLOWING PAGE) Parking Lease Agreement between City of Port Worth and Mercado Northside LLC 6th In witness whereof, the parties hereto have caused this Agreement to be executed on this day of �anuary , 2026 ("Effective Date"). LICENSOR: CITY OF FORT WORTH, a Texas home-rule municipal corpoi•ation B�/� V�IerieVl.+shington(Jan6,107619:1&�,OICSTI ., Valerie Washington Assistant City Manager O1/06/2026 Date: APPROVED BY: � 1 i��.,��r ,�,�� By: Marilyn Marvin Dii•ector, Property Management Depai�tment 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 repoi�ting requirements —�ao��.�esun�— N11T18: ra,�ke, „��.ila�e,�o�sov�i:ascsr� LICENSEE: MERCADO NORTHSIDE, LLC, a Texas limited liability company By: Mercado Northside Holdings, LLC, a Texas limited liability company, its Manager By: Mei•cado Northside Manager, LLC, 2025, a Texas limited liability company, its Manager By: CHC MNS Manager, LLC, a Texas limited liability company, its Manager By: The Cainegie Holding Company, LLC, a Texas limited liability company, its Manager ��= By: Rory Maguire, Manager O1/06/2026 Date: Lease Manager, Property Management Departmenl Title: APPROVED AS TO FORM AND LEGALITY: Ca�,�face �a�lrara By: ` ..aa.r�aa��. ��fi,�„z_„�sn Candace Pagliara Assistant City Attorney a FORr°��a p oF0000000e �t o a° �° �9-� a �o ATTEST: °ap�� �x� ��4 A .,�-c� aCp II4 �E4p5�4 � By: Jannette S. Goodall City Secretaiy Fo�•m 1295: 2025-1346250 Contract Authorization: M&C: 25-087 ] Date: 9/ 16/2025 �•»��yr,��:�xK•i:�•� CITY SECRETARY FT. WORTH, TX Parking Lease Agreement behveen City of Fort Worth and Mercado_Northside LLC 'rl Exhibit "A" Outlined in red `° _ �: _ 1.. �. �`IY� � {7� � � . . � 4,. . � , �� � . j' � � �,.. � , . . � , , .i�. ,� M�' ')r�i� � � � , Yi '. � , �0 G`fl fl�]D Q1 , �', , � '.� �� � . +� � t,' r� ` � R , r`- , a , , , • � c �< �' I' �.� ; s: ' l.� ��� �� : � - , �. , . ` y�( � •� �, •�• ,:� ;1� � ~ ' � V' .' �.\�l ' �► �� . , � �� .. � � `� �, ��' rt ., � � � �� ,, �,,. � 4� , � . `'� ,� _ � � � '� fq�' � � �J,' i ,,.� �� � '� � � , � `� � � Y �� o .,� � �� �,.. �� Q , , � ��r�� � � ,��, ,� �� � ,;�� � � �. � ,` *�'' . • v �`� l rC, 'I� f;�� �''R,� �c. � '�- � �� � � � �� � . 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Signature: _�y_�� Mark Br vn (Jan 7, 202609:58:29 CST) Emait: Mark.Brown@fortworthtexas.gov Parking Lease Agreement behveen City of Fort Worth and Mercado Northside LLC M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 9/16/2025 REFERENCE NO.: **M&C 25-0871 LOG NAME: CODE: L TYPE: CONSENT PUBLIC HEARING: Page 1 of 2 Official site of the City of Fort Worth, Texas FORT�TIi � 211500 N MAIN PARKING LEASE NO SUBJECT: (CD 2) Authorize the Execution of a Parking License Agreement with Mercardo Northside, LLC for Non-Exclusive Use of the Parking Lot at 127 NE 14th Street, Fort Worth, Texas 76164, Adjacent to the Mercardo located at 1500 North Main Street, Fort Worth, Texas 76164 RECOMMEN DATION: It is recommended that the City Council authorize the execution of a parking license agreement with Mercardo Northside, LLC for non-exclusive use of the parking lot at 127 NE 14th Street, Fort Worth, Texas 76164, adjacent to the Mercardo located at 1500 North Main Street, Fort Worth, Texas 76164. 17L+��iI►��C7►F In January 2006, the City of Fort Worth (City) entered into a License and Option Agreement (License) with 11211 Katy Freeway, L.P. (KF), the owner of the Mercardo, located at 1500 North Main, Fort Worth, Texas 76163 (Mercardo), to provide for exclusive use of the adjacent parking lot (Lot) during business hours and nonexclusive use on evenings and weekends by patrons of the Mercardo (City Secretary Number 33089). KF is now selling the Mercardo to Mercardo Northside, LLC (MN) and the License will terminate upon the close of the sale and change of ownership of the Mercardo. To provide for adequate parking for patrons of the Mercardo, as well as additional parking for patrons of other businesses in the area, the City and MN have agreed to enter into an long term, non- exclusive parking agreement for the Lot (Agreement). The terms are as follows: Term: Ninety-nine years from the Effective Date of the Agreement. Use: Nonexclusive use of the Lot for employees and patrons of the Mercardo which will also provide much needed parking for other visitors in the area. Fee: Due to the nonexclusive and public purpose to provide additional parking for all area visitors and business patrons, no fee will be charged. Lot maintenance will be the responsibility of the City. This property is located in Council District 2. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that approval of this recommendation will have no material effect on City funds. TO �Fund Department I Account ( Project I Program I Activity I Budget I Reference # I Amount ID ID Year (Chartfield 2) FROM —� � http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33731&councildate=9/16/2025 9/22/2025 M&C Review Page 2 of 2 Fund De artment Account Pro'ect Pro ram Activit Bud et Reference # Amount p ID ID g y Year I(Chartfield 2) I Submitted for Citv Manaaer's Office bv: Oriqinatina Deaartment Head: Additional Information Contact: Valerie Washington (6199) Marilyn Marvin (7708) Mark Brown (5197) ATTACHMENTS Form 1295 Certificate 101408495 8.5.25.adf (CFw �nterna�) M and C Map 1500 N Main Parkina Lease.adf (Pub�ic) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33731&councildate=9/16/2025 9/22/2025 FORT ��RTH�� City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Mercado Northside LLC Sub�eCt Of tlle f�greemerit: Parking License Agreement M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If �so, provide the original contract number and the amendment number. Is the Contract "PermanenY'? *Yes 0 No ❑ If �unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. EffeCtive Date: January 6, 2025 Expiration Date: �anuary 5, 2124 If different from the approval date. If applicable. Is a 1295 Form required? * Yes 0 No ❑ *If so, please ensu�e it is attached to the app�oving M&C or attached to the cont�act. Proj ect Number: If applicable. NA *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑� No ❑ Contracts need to be routed for CSO processin� in the followin� order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.