HomeMy WebLinkAboutContract 29636 CITY SECRETARY 03-10- 04P02 : 36 RCVD
CONTRACT NO. - � ►
FIRST AMENDMENT TO GROUND LEASE AGREEMENT AND OPTION
TO PURCHASE PROPERTY
WHEREAS, the Fort Worth Mercado I, L.P. ("Lessee"), a Limited Partnership, acting by
and through Deyla Guadiana, president of Fort Worth Mercado I, L.P.'s General Partner, Fort
Worth Mercado, and City of Fort Worth ("Lessor"), acting by and through Joe Paniagua, its duly
authorized Assistant City Manager, made and entered into a Ground Lease Agreement and
Option to Purchase Property, City Secretary Contract 28342 ("Lease").
WHEREAS, it has become necessary to amend said Lease to change the beginning date
of the lease.
NOW THEREFORE, Lessor and Lessee, acting herein by and through their duly
authorized representatives, for and in consideration of the rent paid, the covenants and
agreements to be performed, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, enter into the following agreement, which
amends the Lease as follows:
1.
Section 3 "Term" Subsection 3.01 of the Lease is hereby amended as follows:
"Section 3.01 Subject to the covenants and conditions herein contained, Lessee
shall have and hold the Leased Premises for the primary term of 20 years
commencing on OCT66eiz f , .Zoc 3 and ending at midnight on
octnB�� (�1-az3(herein called the "Primary Term") or until the expiration of
the renewal period, if the right to renew is exercised under Section 3.02, or until
Lessee exercises its option to purchase the Leased Premises under Section 13
whichever is sooner, unless earlier terminated as provided herein; provided
however that the provisions of Section 9 "Indemnification and Section" 10
"Representations and Warranties" and Section 11 `Environmental Remediation"
shall survive the termination of this Agreement."
2.
Section 5 "Rent" Subsection 5.02 of the Lease is hereby amended as follows:
"Section 5.02. In consideration of the Leased Premises and for the Lessor
agreeing not to construct improvements on land owned by the City of Fort Worth
shown in Exhibit `B" other than a parking structure, Lessee shall pay to Lessor
rent during the Primary Term in an amount equal to One Thousand Eight Hundred
and Eight-Seven Dollars and Forty-Seven Cents ($1,887.47) per month, however
no rent shall be due for the first 11 months. Payment for the first 11 months of
this Lease in the amount of Twenty-Two Thousand, Six Hundred and Forty-Nine
Dollars and Sixty-Four Cents ($22,649.64) shall be due on the first day of
5r�-(_'1MC c f f,&Oiand thereafter rent shall be due and payable on the first day of
each month of the Lease period.
t2 i.
3.
All other provisions of the Lease which are not expressly amended herein, shall remain in full
force and effect.
4.
This lease amendment shall become effective upon execution of the parties
IN WITNESS WHEREOF, the arties hereto have executed this Amendment as of this--Z)4iaay
of , 200l
LESSOR: City of Fort Worth LESSEE: Fort Worth Mercado I,L.P.
BY: Fort Worth Mercado, Inc., General
Partner
By:
Joeis Dey a Guadia
Ass stantOit pager President
APPROVED AS TO FORM
AND LEG ITY:
Assistant City Attorney
ATTEST:
n Contract authorisation
Date
fo ity Secretary
o � ��o
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me this the i'r day of
200 , by Joe Paniagua, Assistant City Manager for the City of Fort Worth,
on behalf of the City of ort Worth.
�e- ROSELLA BARNES /-Lzz . /ter -�
{ter NOTARY PUBLIC
j.0� state or Texas Notary Public, State of Texas
Comm.Exp.03-31-2005
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me this the day of
f> i
1'-!A, \- , 2003, by Deyla Guadiana President of Fort Worth Mercado, Inc, General
Partner on behalf of Fort Worth Mercado I, L.P. known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that she executed the same for
the purposes and consideration therein expressed, as the act and deed of said limited partnership,
in the capacity therein stated.
v
No Public, State of Texas
"• ~����, a 5V CULBERTSON
,o.
Nofary P'1bliC.State of Texas
My Con m+sslon Expires 09-08-05
c,
l'!'� � u��o1
V' \ n� d
1Tf 311 XIII;
3u