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HomeMy WebLinkAboutContract 32736 CITY SECRETARY tj CONTRACT NO. AMENDMENT TO LEASE AGREEMENT f This Amendme t to La e Agreement (hereinafter referred to as "Amendment") is made this 134} day of W005, by and between the City of Fort Worth (the "City") and MCImetro Access Transmission Services LLC, a Delaware limited liability company ("Tenant"). WITNESSETH WHEREAS, Fort Worth Telco Center Limited ("Telco") and Tenant entered into a Lease Agreement dated April 13, 2000 (the "Agreement"), for the leasing by Telco to Tenant of 26,646 square feet (the "Premises") of space in the Building located at 1111 Monroe Street, Fort Worth, Texas, all as more particularly described in the Lease, as defined below; WHEREAS, Telco and Tenant executed a Commencement Date Agreement and Amendment ("Amendment One") to the Lease dated November 20, 2000, which, among other things,modified the net rentable square feet of the Premises to 30,113 square feet; WHEREAS, Telco and Tenant executed Amendment Number Two to Lease Agreement ("Amendment Two") on November 29, 2000 to increase the square footage of the Premises to 30,879 square feet (the Agreement, Amendment One, and Amendment Two are collectively referred to herein as the "Lease"); WHEREAS, Telco and the City have entered into a contract for the sale of the Property to City, and upon such sale, the Lease shall be assigned to the City, as Landlord; and WHEREAS, because the City, as a municipal corporation, is prohibited under the law to agree to certain terms under the Lease, the City and Tenant desire to amend the Lease as provided below to be effective upon the City's purchase of the Property from Telco. NOW THEREFORE, in consideration of the premises contained herein and in the Lease and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the City and Tenant agree as follows: 1. This Amendment shall be effective upon the City's purchase of the Property from Telco (the "Effective Date"). . The City closed on the purchase of the Property from Telco on May 11, 2005. After such closing, Tenant and the City shall execute a document to memorialize the Effective Date. 2. As of the Effective Date, the second paragraph of Section 6 of the Lease shall be deleted in its entirety and replaced with the following: "Landlord shall not store or use Hazardous Materials in, at, on or under the Premises, Building or land upon which the Building is located, except as necessary for use in the ordinary course of Landlord's business, and then only in accordance with applicable laws, regulations and ordinances. Landlord shall remove and abate, at its sole cost and expense, in accordance with all applicable laws and regulations, any contamination caused to the Premises, Building or land upon which the Building is located by Landlord's or Landlord's employees', contractors', or agents' introduction, storage or release of Hazardous Materials at the Building or the land upon which the Building is located. Without limiting the generality of any other obligation (including any other indemnity obligation) of Landlord under this Lease, to the extent permitted by law, Landlord shall indemnify, defend and hold harmless Tenant and Tenant's officers, directors, owners, employees, and agents from and against all liabilities, obligations, damages, claims, suits, losses, causes of action, liens, judgments and expenses (including court costs and reasonable attorneys' fees) of any kind, nature or description resulting from the introduction of Hazardous Materials in, at, on or under the Premises, Building or land upon which the Building is located through actions of Landlord or its agents, employees or contractors. The foregoing indemnity shall survive the termination of this Lease. Article XI Section 7 of the Texas Constitution provides that a city is prohibited from creating a debt unless the city levies and collects a sufficient tax to pay the interest on the debt and provides a sinking fund. The City of Fort Worth has not and will not create a sinking fund or collect any tax to pay any obligation created under this Section 6." 3. As of the Effective Date, the first sentence of the first paragraph of Section 16 of the Lease shall be deleted in its entirety and replaced with the following: "To the extent permitted by law, Landlord agrees to indemnify Tenant against and to defend and hold Tenant harmless from any and all claims and demands of any third party arising from or based upon any alleged act, omission or negligence of Landlord or Landlord's agents or employees." 4. As of the Effective Date, the following is added to the end of Section 16 of the Lease: "Article XI Section 7 of the Texas Constitution provides that a city is prohibited from creating a debt unless the city levies and collects a sufficient tax to pay the interest on the debt and provides a sinking fund. The City of Fort Worth has not and will not create a sinking fund or collect any tax to pay any obligation created under this Section 16." N 5. Except as modified by this Amendment, all of the terms and conditions of the Lease are ratified and remain in full force and effect. To the extent the provisions of this Amendment are inconsistent with the Lease, the terms of this Amendment shall control. All terms used but not defined herein shall have he meanings asci bed to such terms in the Lease. EXECUTED as of the-4 day of , 2005. YT H Marc A. Ott Assistant City Manager ATTEST: APPROVED AS TO FORM AND L LIT, : -Cit-Y-5 cretary ssistantity Attorney SIO M&C REQUIRED TENANT: MCIMetro Access Transmission Services LLC, a Delaware limited liability company — A f'X2— Corpg e ftj Estate /I/,S/05r- \n=tnager, Corporate Estate 3k'SVUr1 C14 'V � "• U f U' STATE OF /d"Mg COUNTY OF ID U,4 § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared A..j, , ;_� , known to me to be the persons whose names are subscribed to the foregoiAg- instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this /&Aday of 2005. Notary Public, State of-+comas- OtZ tW 40M .4 ! " o3449y3y STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , - , known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of ' 2005. �+•...o� Not Publicf State of Texas i 1 / MY CoMM,SSlON CXfIRES. I !wi July 26,2007 i'