HomeMy WebLinkAboutContract 31597 ^gy3�CIN
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SUBLEASE AGREEMENT BETWEEN
MID-WESTERN DEVELOPMENT& REALTY,LTD.
AND
LOCKHEED MARTIN CORPORATION
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This SUB-SUBLEASE AGREEMENT (the "LMC Sub-sublease") is made and
entered into by and between MID-WESTERN DEVELOPMENT& REALTY, LTD. (hereinafter
referred to as "MW"), and LOCKHEED MARTIN CORPORATION (hereinafter referred to as
"LMC"), to be effective for all purposes as of March 4, 2005 (the"Effective Date").
RECITALS
A. Event Facilities Fort Worth, Inc., a Texas non-profit corporation organized as a
support organization to Southwestern Exposition and Livestock Show, is the owner of a parking
lot located on an approximately 1.260 acres, located in Fort Worth, Tarrant County, Texas,
described on Exhibit"A" attached to this LMC Sub-sublease("Premises"),
B. Event Facilities Fort Worth, Inc. has leased the Premises to Southwestern
Exposition and Livestock Show, pursuant to that certain Master Lease dated January 31, 2002,
between Event Facilities Fort Worth, Inc and Southwestern Exposition and Livestock Show, (the
"Master Lease").
C. Pursuant to the terms of Section 16 in the Master Lease between Southwestern
Exposition and Livestock Show and Event Facilities Fort Worth, Inc., Southwestern Exposition
and Livestock Show subleased the Premises to the City of Fort Worth by that certain Sublease
Agreement of even date herewith, between Southwestern Exposition and Livestock Show and
the City(the"City Sublease").
D. Section 5 of the City Sublease between the City of Fort Worth and Southwestern
Exposition and Livestock Show permits the City to sub-sublet the Premises to MW or to the
tenant of the building located 2501 Montgomery Street, Fort Worth, Texas owned by MW (the
"Rowan Building").
E. On March 1, 1993, the City and Mid-Western Development & Realty Co.
(predecessor in interest to MW) entered into an agreement known as City Secretary Contract No.
19597, on file in the Office of the City Secretary of Fort Worth, whereby MW leased from City a
parking lot on the west side of the Fort Worth Botanic Garden.
F. The City has identified funding for Phase One of the Botanic Garden's Master
Plan that includes the construction and relocation of greenhouses on a portion of the parking lot
currently leased to MW under City Secretary Contract No. 19597.
G. In order to accommodate the parking needs of MW and its tenant, due to the loss
of certain parking due to expansion of the Fort Worth Botanic Garden facilities, the City has
agreed to sub-sublease the Premises to MW pursuant to the terms and conditions of that certain
Agreement Between The City of Fort Worth and Mid-Western Development & Realty, Ltd. (the
"MW Sub-sublease") of even date with this LMC Sub-sublease, covering the Premises.
H. MW is willing to lease the Premises to LMC on the terms and conditions set forth
below.
In consideration of the mutual covenants contained in this LMC Sub-Sublease, MW and
LMC agree as follows:
1. SUB-SUBLEASED PREMISES: MW demises and lets the Premises to LMC, and
LMC takes and leases the Premises from MW, for the term described in Section 3 and subject to
the provisions set forth below.
2. USE: LMC may use and occupy the Premises for vehicular parking at all times other
than from 6:00 p.m. to midnight on Mondays through Saturdays and all day on Sundays. LMC
may not use the Premises at any other times or for any other purpose without City's prior written
consent, as required by the MW Sub-sublease. LMC acknowledges and agrees that
Southwestern Exposition and Livestock Show has subleased the Premises to the Christ Chapel
Bible Church ("Church") for church parking use from 6:00 p.m. to midnight on Mondays
through Saturdays and all day on Sundays. However, if any vehicles of employees of LMC
holdover on the Premises after 6:00 p.m. Mondays through Saturdays, the City has agreed in the
MW Sub-sublease those vehicles will not be disturbed. MW hereby agrees that it will not
disturb the vehicles at such times, all as described in the immediately preceding sentence.
Up to 120 of the existing 152 regular non-handicapped parking spaces may be marked as
reserved spaces for designated employees of LMC during the hours listed above. The remaining
32 spaces may be identified as spaces for visitors and employees during the hours of 6:00 a.m.
until 6:00 p.m. Mondays through Fridays, but these remaining spaces may not be reserved for a
particular individual.
3. TERM: The term ("Term") of this LMC Sub-sublease commences on the earlier of
(a) LMC's or the Permitted Subtenant's occupancy of the Premises, or (b) the Amendment Date
(such term being defined in the Amendment to City Secretary Contract No. 19597 of even date
herewith between the City and MW and herein so called); and the Term shall continue thereafter
and end on February 28, 2006; but in any event shall commence automatically and
simultaneously with the commencement of the MW Sub-sublease. LMC shall have four (4)
options to renew this LMC Sub-sublease, each option for an additional one-year renewal term,
on the same terms and conditions as apply to the initial Term. To exercise its renewal option,
LMC must give MW at least five (5) months prior written notice of renewal. Upon
determination of the commencement date of the Term, LMC and MW shall sign a memorandum
evidencing this date.
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4. RENT: LMC shall pay MW $11,895.75 ($77.75 per space @ 15 3 spaces) a year as
rental for the lease and use of the Premises during the Term. Rent shall be paid monthly as
follows: Nine Hundred Ninety One and 31/100 Dollars ($991.31) in advance on or before the
10th day of each month during the Term.
5. SUBLETTING; ASSIGNMENT: Any assignment of this LMC Sub-sublease or
subletting of the Premises to any party without the prior written consent of Southwestern
Exposition and Livestock Show, the City, and MW is prohibited. In the event that such prior
consent is provided, LMC must provide MW, City and Southwestern Exposition and Livestock
Show with a copy of the executed sub-sublease to any such permitted subtenant, and this sub-
sublease must comply with the terms and conditions of Sections 10 and 11 below. Any
assignment of this LMC Sub-sublease or sub-subletting of the Premises to any party other than a
permitted subtenant as described above is prohibited without MW prior written consent, this
consent not to be unreasonably withheld. LMC shall subordinate its interest in this LMC Sub-
sublease and attorn to any mortgagee of the Premises, provided only that such mortgagee will not
disturb LMC's possession of the Premises so long as it is not in default hereunder.
6. UTILITIES: Throughout the Term of this LMC Sub-sublease, LMC shall pay timely all
charges for any utility services provided to the Premises and used by LMC. MW has no
responsibility to LMC for any utility services to the Premises, and MW is not responsible for any
utility interruption to the Premises, unless such utility interruption is due to the sole actions of
MW.
7. COMPLIANCE WITH LAW: LMC shall, at its cost and expense, cause the
Premises to be used by LMC in accordance with all applicable governmental laws, rules,
regulations, ordinances, and restrictions in effect during the Term. Neither MW nor LMC shall
be responsible for any costs or expenses or compliance with any applicable laws, rules,
regulations, ordinances and restrictions relating to the Church and/or its use of the Premises,
including, without limitation, any signs placed on the Premises by the Church.
8. LIENS: LMC shall remove and discharge promptly, at its cost and expense, all
liens, encumbrances, and charges upon the Premises, MW's leasehold interest, or City's
leasehold interest which arise out of LM's possession, use, occupancy, maintenance, or repair of
the Premises or by reason of labor or materials furnished or claimed to have been furnished to
LMC, but excluding (i) liens, encumbrances and charges caused or permitted to be caused by
MW or the City, which shall be the sole responsibility of MW or the City, respectively and (ii)
liens, encumbrances and charges caused or permitted to be caused by the Church or any third
parties, which shall be the sole responsibility of the Church and/or such third parties.
9. WAIVER OF LIABILITY: MW shall not be responsible for the theft, loss, damage, or
destruction of property of LMC and its employees, agents, licensee, invitees, contractors, and
subcontractors, even if the damage is alleged to arise out of some condition on the Premises.
10. INDEMNIFICATION: LMC SHALL INDEMNIFY, DEFEND, AND HOLD
HARMLESS MW, THE CITY OF FORT WORTH, SOUTHWESTERN EXPOSITION
AND LIVESTOCK SHOW, EVENT FACILITIES FORT WORTH, INC. AND AN. ......,......n..w.........
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ALL PARTIES CLAIMING BY, THROUGH, OR UNDER THOSE ENTITIES
(COLLECTIVELY, "INDEMNIFIED PARTIES") FROM AND AGAINST, ANY AND
ALL LIABILITIES, LOSSES, DAMAGES, COSTS, EXPENSES (INCLUDING,
WITHOUT LIMITATION, COURT COSTS, REASONABLE ATTORNEYS' FEES, AND
EXPENSES), CAUSES OF ACTION, SUITS, CLAIMS, DEMANDS, OR JUDGMENTS,
OF ANY NATURE, WHETHER FORESEEN OR UNFORESEEN, ORDINARY OR
EXTRAORDINARY (COLLECTIVELY, "CLAIMS"), ARISING OR ALLEGED TO
ARISE FROM OR IN CONNECTION WITH ANY INJURY TO OR DEATH OF ANY
PERSON OR ANY DAMAGE TO OR LOSS OF PROPERTY OF LMC. ITS
EMPLOYEES AND INVITEES, OR ANY OTHER THIRD PARTY ON OR ABOUT THE
PREMISES AND ARISING OUT OF OR CONNECTED WITH LMC'S USE AND
OCCUPANCY OF THE PREMISES OR IN CONNECTION WITH OR ARISING OUT
OF LMC'S OBLIGATIONS UNDER THIS LMC SUB-SUBLEASE, EVEN IF SUCH
CLAIMS RESULT FROM OR ARE CLAIMED TO HAVE RESULTED FROM THE
CONCURRENT NEGLIGENCE OF THE INDEMNIFIED PARTIES, BUT EXPRESSLY
EXCLUDING FROM THIS INDEMNITY AND AGREEMENT BY LMC ANY CLAIMS
ARISING OR ALLEGED TO ARISE FROM OR IN CONNECTION WITH THE CITY
OBLIGATIONS UNDER SECTION 14 OF THE MW SUB-SUBLEASE OR ANY USE OR
OCCUPANCY OF THE PREMISES BY THE CHURCH OR ANY OTHER ACTIONS
OR INACTIONS BY THE CHURCH.
11. INSURANCE: LMC shall, at its sole expense, maintain in effect at all times
during the Term the following insurance coverages from insurance companies licensed to do
business in the State of Texas covering LMC for its operations on, in, or about the Premises,
reviewed and acceptable to MW, the City, Southwestern Exposition and Livestock Show and
Event Facilities Fort Worth, Inc. with limits not less than the following:
Coverage Limits
(a) Workers' Compensation Policy
Workers' Compensation Statutory Limits
Employer's Liability $500,000
This policy must include a Waiver of Subrogation in favor of MW, the City of Fort Worth,
Southwestern Exposition and Livestock Show, and Event Facilities Fort Worth, Inc.
(b) Commercial General Liability Policy
Bodily Injury/Property Damage $1,000,000 combined single limit
$1,000,000 aggregate
This policy shall include broad form contractual coverage and must name MW, the City of
Fort Worth, Event Facilities Fort Worth, Inc. and Southwestern Exposition and Livestock
Show as additional insured parties. This policy shall be primary insurance to MW, City of
Fort Worth, Event Facilities Fort Worth, Inc. and Southwestern Exposition and Livestock Show
as respects to any other insurance carried by MW, City of Fort Worth, Southwestern Exposition
and Livestock Show and Event Facilities Fort Worth, Inc.
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The policies in (a) and (b) above must not be subject to cancellation for any reason
except upon thirty (30) days prior written notice by the insurer to MW, the City of Fort Worth,
Southwestern Exposition and Livestock Show, and Event Facilities Fort Worth, Inc. LMC shall
furnish certificates of insurance evidencing these coverages and the waiver and napigMW, the
City of Fort Worth, Southwestern Exposition and Livestock Show, and Event Facilities Fort
Worth, Inc. as additional insured parties prior to the inception of the Term and shall deliver
renewal certificates to MW, City of Fort Worth, Event Facilities Fort Worth, Inc. and
Southwestern Exposition and Livestock Show if the coverages expire during;the Term.
13. MAINTENANCE: MW and LMC agree that, pursuant to the MW Sub-sublease, City
shall, at its sole cost and expense, be responsible for maintenance and repair of the striping,
fencing, gates, parking surface, and lighting on the Premises. LMC shall, at its sole cost and
expense, be responsible for the maintenance and repair of any signs installed by LMC on the
Premises. LMC shall maintain all of the Premises in good, neat condition. Landscaping of the
Premises has been installed prior to the commencement date of the Term and shall be the sole
responsibility of the Church, and neither MW nor LMC shall have any maintenance obligations
regarding the existing or future landscaping. At the expiration of the Term, LMC must surrender
the Premises in at least as good condition as at the commencement of the Term, reasonable wear
and tear and casualty excepted. Notwithstanding anything to the contrary contained in this LMC
Sub-sublease or otherwise, neither MW nor LMC shall not be responsible for any maintenance
or repair of the Premises in connection with or arising in any way from (i) the obligations of the
City under the MW Sub-sublease (including, without limitation, the City Obligations under
Section 14 of the MW Sub-sublease), or (ii) damage to the Premises caused by the Church, the
City, Southwestern Exposition and Livestock Show, or Event Facilities Fort Worth, Inc. or (iii)
any landscaping (which shall be the responsibility of the Church). MW and LMC agree that
MW shall have no obligations for the repair, maintenance, improvement, or condition of the
Premises unless and except as expressly may be provided in this Section 13.
MW agrees to include LMC in the meetings when City and MW meet on an annual basis each
year, on a date and at a location mutually agreeable to both parties, to review the maintenance,
operations and programs related to the Premises, pursuant to Section 13 of the MW Sub-
sublease.
14. ALTERATIONS, ADDITIONS AND REPAIR:
(a) Prior to the commencement date of the Term and pursuant to the terms of the MW Sub-
sublease, City, at its expense, shall repair the existing fencing and erect new fencing so as to
fence the Premises along the full extent of the north and south sides of the Premises and install a
pedestrian access opening or gate with pedestrian cross walk markings at a location along the
south fence approved in advance by Southwestern Exposition and Livestock Show, and City
shall also, at its expense, upgrade the existing lighting for the Premises as mutually approved by
Southwestern Exposition and Livestock Show and the City. LMC understands that MW and the
City must obtain the prior written consent of the Southwestern Exposition and Livestock Show
for any other alterations to the Premises desired by MW or the City, or requested by LMC.
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17. CONDEMNATION AND CASUALTY:
(a) If the title to all or substantially all of the Premises is taken by condemnation proceedings
or any right of eminent domain, this LMC Sub-sublease will terminate on the date of such taking.
Event Facilities Fort Worth, Inc. and Southwestern Exposition and Livestock Show shall be
entitled to receive the proceeds resulting from such taking. LMC waives any right to any
compensation attributable to its leasehold interest in the Premises. Each of MW and LMC shall
promptly provide the other party with notice of any proposed, threatened, or instituted
condemnation or eminent domain proceedings against the Premises upon learning of same.
(b) If the Premises are damaged by fire, unavoidable accident, or other casualty, MW and
LMC, in conjunction with the City obligations under the MW Sub-sublease, shall restore the
Premises to a condition mutually agreeable to the parties to the extent required for its continued
use as a parking area.
18. EXPIRATION OR TERMINATION: In the event of the expiration or termination
of this LMC Sub-sublease for any reason, the obligations and liabilities of LMC, actual or
contingent, under this LMC Sub-sublease which have arisen but which have not been performed
or satisfied shall be terminated except any liens or encumbrances caused by LMC or any rental
or other payments due and owing MW by LMC. If for any reason at any time during the Term,
the Fort Worth City Council fails to appropriate funds sufficient for City to fulfill its obligations
under the sublease with Southwestern Exposition and Livestock Show, then City may terminate
the MW Sub-sublease to be effective on the later of(i) thirty (30) days following delivery by
City to MW of written notice of City's intention to terminate, or (ii) the last date for which
funding has been appropriated by the City Council for the purposes set forth in the MW Sub-
sublease. MW shall promptly forward to LMC a copy of any such notice upon receipt by MW.
19. ADVANCES BY MW: If LMC fails to make or perform any payment or act on its
part to be made or performed under this LMC Sub-sublease, then MW may (but is not required
to), without waiving any default or releasing LMC from any obligation, after at least fifteen (15)
days prior written notice, make such payment or perform such act for the account and at the cost
and expense of LMC. All reasonable amounts so paid by MW and all necessary and incidental
reasonable costs and expenses incurred in connection with the performance of any such act by
MW, from the date of the making of such payment or of the incurring of such costs and expenses
by MW, shall be payable by LMC to MW on demand.
20. EVENTS OF DEFAULT AND REMEDIES:
(a) An "Event of Default" shall occur if LMC fails to pay any monetary sum payable
under this LMC Sub-sublease or defaults in the performance of any other provision of this LMC
Sub-sublease to be performed by LMC and the default continues for thirty (30) days after the
date LMC receives a written notice from MW of the non-performance (provided that if cure is
not reasonably curable within said 30 day period an Event of Default shall not have occurred if
LMC shall have commenced to sure the default within the 30 day period and shall diligently
proceed to cure such default).
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(b) Whenever an Event of Default has occurred, MW may, at its election, during the
continuance of the Event of Default, by written notice to LMC, terminate this LMC Sub-
sublease, whereupon LMC's estate and all right of LMC to the use of the Premises shall
terminate, but LMC shall remain liable as hereinafter provided. Upon this termination, MW
shall have the immediate right of re-entry and possession of the Premises and the right to remove
any or all persons or property therefrom; and MW may then hold, possess, and enjoy the
Premises free from any rights of LMC and any person claiming through or under LMC. MW
shall then have the right to recover from LMC:
(1) Any and all amounts payable by LMC under this LMC Sub-sublease which may
then be due and unpaid or which may then be accrued and unpaid; and
(2) Any and all damages and expenses (including, without limitation, reasonable
attorneys' fees and expenses), which MW sustains by reason of the breach of any
provision of this LMC Sub-sublease or the termination of this LMC Sub-sublease;
21. RELATIONSHIP: Neither MW nor LMC shall be construed, by virtue of this LMC
Sub-sublease, to be the agent, partner,joint venturer, or associate of the other, it being expressly
agreed that the relationship between the parties at all times during the Term shall remain that of
landlord and tenant.
22. NOTICES: Any notice provided for or permitted under this LMC Sub-sublease shall
be made in writing and may be given or served by (i) delivering the same in person to the party
to be notified, or (ii) depositing the same in the mail, postage prepaid, certified with return
receipt requested, and addressed to the party to be notified, or (iii) sending by telecopy, with a
copy thereof sent by registered mail on the same day. If notice is deposited in the mail pursuant
to (ii) or (iii) of this Section 22, it will be effective upon receipt or refusal. For the purpose of
notice,the addresses of the parties are, until changed as provided below, as follows:
If to City:
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Attention: Director of Parks and Community Services
Telephone: 817- 871-5704
Telecopy: 817-871-5724
With a copy to:
City Attorney's Office
1000 Throckmorton Street
Fort Worth, Texas 76102
Attention: Sarah Fullenwider
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If to Southwestern Exposition and Livestock Show
Southwestern Exposition and Livestock Show
Post Office Box 150
Fort Worth Texas 76101-0150
Attention: W. R, Watt, Jr.
Telephone: 817-877-2400
Telecopy: 817-877-2499
If to Mid-Western Development& Realty, Ltd.
Mid-Western Development& Realty, Ltd.
1204-B W. 7t'Street
Fort Worth, Texas 76102
Attention: Brent Hyder and Property Manager
Telephone: 817-332-2327
Telecopy: 817-332-1188
With a copy to:
Miller&Haney, L.L.P.
512 Main Street, Suite 901
Fort Worth, Texas 76102
Attention: William D. Miller
Telephone: 817-332-3057
Telecopy: 817-332-3041
If to LMC:
Lockheed Martin Aeronautics Company
Attention: Sr. Manager, Facilities Business Management(MZ 6413)
P.O.Box 748
Fort Worth, Texas 76101
With a copy to:
LMC Properties
Attention: Lease Administration
100 South Charles Street, Suite 1400
Baltimore, Maryland 21201
However, the parties may from time to time change their respective addresses, and each shall
have the right to specify as its address any other address upon at least ten (10) days written notice
to the other party.
23. BINDING: Subject to the provisions of Section 5, all provisions contained in this
LMC Sub-sublease are binding upon, inure to the benefit of, and are enforceable by the
respective successors and assigns of LMC and MW. The provisions of this LMC Sub-Sublease
may be amended,waived, or terminated only by an instrument signed by MW and LMC.
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24. ENTIRE AGREEMENT: This LMC Sub-sublease contains the entire agreement of
the parties with respect to the sub-sublease of the Premises and may not be modified orally or in
any other manner than by an agreement in writing signed by all both parties or their respective
successors in interest.
25. MISCELLANEOUS: The headings to the various sections of this LMC Sub-
Sublease have been inserted for convenient reference only and do not modify, define, limit, or
expand the express provisions of this LMC Sub-sublease. This LMC Sub-sublease is governed
by and construed and enforced in accordance with the laws of the State of Texas, and is subject
to all applicable governmental laws, statutes, rules, regulations, ordinances, and orders, whether
of such state or otherwise. If any action, whether real or asserted, at law or in equity, arises on
the basis of any provision of this LMC Sub-sublease, venue for such action shall lie in state
courts located in Tarrant County, Texas, or the United States District Court for the Northern
District of Texas—Fort Worth Division.
26. SUBLEASE OBLIGATIONS: MW and LMC agree that this LMC Sub-sublease is
subject to, and that all rights of LMC under this LMC Sub-sublease to use, possess and sublease
the Premises derive from and are subject to, the Master Lease, the City Sublease, and the MW
Sub-sublease. LMC agrees to perform, and shall have all obligations and liabilities of MW
under the MW Sub-sublease, except as may be expressly provided to the contrary in this LMC
Sub-sublease. MW agrees not to amend or terminate the MW Sub-sublease without the prior
written consent of LMC, which may be withheld in LMC's sole and absolute discretion. Subject
to the immediately preceding sentence and the consents provided below in this LMC Sub-
sublease, this LMC Sub-sublease shall automatically terminate upon the termination or
expiration of the MW Sub-sublease.
(Signature Page Follows)
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Executed by City and MW in multiple counterparts, each of which shall be deemed an
original,to be effective for all purposes as of the Effective Date.
MID-WESTERN DEVELOPMENT & LOCKHEED MARTIN CORPORATION
REALTY, LTD. Lockheed Martin Aeronautics Company
By: Mid-Western Development&Realty By: LMC Properties, Inc., Attorney In Fact
Management, L.L.C., its general Under Irrevocable Power of Attorney
partner Dated ee nnbcP4 1 2. 000
By: By: „
Brent R. fly r, Manager-
Title:
Ey,
Wriitney H. More, Manager
(Consents Follow on Next Page)
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The undersigned owner of the Premises, Event Facilities Fort Worth, Inc , consents to the
above LMC Sub-sublease, and agrees (i) to honor and recognize LMC's tenancy in and rights to
use and occupy the Premises according to the terms and provisions of this LMC Sub-sublease
throughout the stated Term of the LMC Sub-sublease, so long as LMC has properly renewed
each renewal term as provided in the LMC Sub-sublease and the LMC Sub-sublease is not
terminated solely due to a default thereunder by LMC; and (ii)that the copy of the Master Lease
delivered to LMC is a true, complete and current copy of the Master Lease, and there are no
other agreements governing the subject matter thereof.
EVENT FACILITIES FORT WORTH, INC.,
A Texas non-profit corporation
By:
Name: 1W,X0.
Title:
Southwestern Exposition and Livestock Show, which is the lessee under the Master
Lease, the sublessor under the City Sublease, and the sublessor under the Sublease with the
Church, consents to the above LMC Sub-sublease and specifically acknowledges and agrees that
(i) Southwestern Exposition and Livestock Show will honor and recognize LMC's tenancy in and
rights to use and occupy the Premises according to the terms and provisions of this LMC Sub-
sublease in the event that(a) the City Sublease shall terminate during the Term of this LMC Sub-
sublease for any reason other than an Event of Default by LMC and/or (b) the MW Sublease is
terminated by the City pursuant to Section 18 of the MW Sublease; (ii) Southwestern Exposition
and Livestock Show will accept a written notice from LMC renewing the Term of this LMC
Sub-sublease in accordance with the provisions of Section 3 of this LMC Sub-sublease as a
renewal of the term of the City Sublease for the same renewal Term as so renewed and extended
under this LMC Sub-sublease; and (iii) the copies of the Master Lease Agreement, the First
Amendment to Master Lease Agreement, the City Sublease, the Sublease with the Church, and
the First Amendment to the Sublease with the Church delivered to LMC are true, complete, and
current copies thereof, and there are no other agreements governing the subject matter thereof.
SOUTHWESTERN EXPOSITION AND LIVESTOCK SHOW
A Texas non-profit corporation
By:
Name:
Title:
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The City of Fort Worth, Texas, which is the sublessee under the City Sublease and the
sublessor under the MW Sublease, consents to the above LMC Sub-sublease and specifically
acknowledges and agrees that (i) the City will honor and recognize LMC's tenancy in and rights
to use and occupy the Premises according to the terms and provisions of this LMC Sub-sublease
in the event that the MW Sublease shall terminate during the Term of this LMC Sub-sublease for
any reason other than an Event of Default by LMC; (ii)the City will accept a written notice from
LMC renewing the Term of this LMC Sub-sublease in accordance with the provisions of Section
3 of this LMC Sub-sublease as a renewal of the term of the MW Sublease for the same renewal
Term as so renewed and extended under this LMC Sub-sublease; and (iii) the copies of the City
Sublease and the MW Sublease delivered to LMC are true, complete, and current copies thereof,
and there are no other agreement governing the subject matter thereof.
CITY. 'F
FORT WORTH,TEXAS ATTEST
By r
Libby atson City Acretary
Assistant City Manager
Approved as to Form and Legality . .
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By: w
Assistant City Attorney �
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EXHIBIT"A"
Plat Showing Sub-Subleased Premises
{To be attached)
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EXHIBIT`B"
Ramp Specifications
A)The existing burm should be removed from across the opening.
B)The pavement on the parking lot side needs to be built up, using a NTE 1" to 12" grade,to be
flush with street level.
Q The width of the new surface should be at least 5 feet wide, with some feathering on each
side.
D)Provide adequate drainage under the built up ramp, as not to impede surface drainage.
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Garden greenhouses.
Terms of the agreement amendment include indemnification, insurance coverage, maintenance of the
Parking Lot, an opportunity for MW to comment on the Botanic Garden Greenhouse Project Plans relating
to parking, ingress/egress and layout issues, and establishment of an annual meeting to review the
maintenance, operations and programs related to the parking lots. The agreement will also allow MW to
continue to sublease the Parking Lot to the tenants of 2501 Montgomery Street.
Construction for Phase One of the Botanic Garden Greenhouse Project shall not begin before October 1,
2004, or until the Stock Show Parking Lot is ready for use, whichever occurs first. The City, at its sole
discretion, may renew this agreement at the end of the third renewal term. If the City elects not to renew
the agreement, written notice of intent will be given no later than March 1, 2011.
This Mayor and Council Communication (M&C) corresponds to M&C C-19908, Contract with Southwestern
Exposition and Livestock Show to Sublease Parking Lot.
The Botanic Garden is a citywide facility that is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds will be
available in the current operating budget, as appropriated, of the Special Trust Fund
TO Fund/Account/Centers FROM Fund/Account/Centers
FE72 488692 080502101010 $36.000.00
FE72 VARIOUS 080502101010 $36.000.00
Submitted for City Manager's Office by_ Libby Watson (6183)
Originating Department Head: Randle Harwood (Acting) (5704)
Additional Information Contact: Sandra Youngblood (5755)
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