HomeMy WebLinkAboutContract 56131-A1 DocuSign Envelope ID: 123034D8-FC76-44B6-9317-11 E13981 E406
CSC No. 56131-A1
FIRST AMENDMENT TO
CITY SECRETARY CONTRACT NO. 56131
A LEASE AGREEMENT BETWEEN
TOWN CENTER MALL,L.P.
AND
THE CITY OF FORT WORTH
This AMENDMENT NO. 1 ("Amendment") is made and entered into by and between TOWN
CENTER MALL, L.P. ("Landlord'), and the CITY OF FORT WORTH ("Tenant"), a home rule
municipal corporation organized under the laws of the State of Texas,acting by and through Dana Burghdoff,
its duly authorized Assistant City Manager.
WHEREAS, the Landlord and Tenant entered into City Secretary Contract No. 56131, a lease
agreement for space located at 4200 South Freeway, Suite 91338, Fort Worth, Texas 76115 ("Leased
Premises")which became effective on August 7,2021 ("Lease");
WHEREAS,both parties agree that the Lease is currently effective and,that currently,the term of
the Lease will commence upon completion of construction and finish out of the space or October 1,2021,
whichever occurs earlier;
WHEREAS,the parties would like to amend the commencement of the term of the lease to reflect
the date in which the improvements to the Premises have been finished and accepted by the Tenant; and
WHEREAS,before finish out of the space begins,the parties would additionally like to amend the
Lease to reflect the original intent of the parties as to the responsibilities for construction of the
improvements of the Leased Premises by the Landlord.
NOW THEREFORE, in consideration of the covenants and agreements set forth in the Lease,
Tenant and Landlord agree to amend the Lease as follows:
1.
The"Commencement Date"and"Rent Commencement Date"as depicted on Page 1 of the Lease
are hereby modified to read in their entirety as follows:
COMMENCEMENT DATE("Commencement Date"): The Commencement Date shall be at the time of
(i)substantial completion and(n)written approval by both the Tenant and Landlord of the Landlord's
Work under Section 8 of this Lease. The Parties written approval of the Landlord's Work shall not be
unreasonably withheld.At that time,the parties shall execute a"Commencement Date Memorandum.
RENT COMMENCEMENT DATE: Upon execution by both parties of a"Commencement Date
Memorandum."
OFFICIAL RECORD
First Amendment to City Secretary Contract No. 56131 CITY SECRETARY
FT.WORTH, TX
DocuSign Envelope ID: 123034D8-FC76-44B6-9317-11 E13981 E406
2.
Section 8 "IMPROVEMENTS"of the Lease is hereby deleted in its entirety and replaced with
the following:
8. IMPROVEMENTS. Landlord shall, at Tenant's expense, install improvements
as more specifically identified in "Exhibit C" herein. All other additional improvements
to the Premises shall be installed at Tenant's sole expense and only in accordance with
written plans and specifications and by contractors pre-approved,in writing,by Landlord.
3.
Exhibit C of the Lease is hereby deleted in its entirety and replaced with Attachment A to this
Amendment.
4.
The Lease is further amended by adding Exhibit "G" which is attached as Attachment B to this
Amendment.
5.
If any terms in this Amendment are in conflict with terms under the Lease," the terms in this
Amendment shall prevail.
6.
All other terms and conditions of the Lease remain unchanged and in full force and effect.
(Signatures on Following Page)
First Amendment to City Secretary Contract No. 56131 2
DocuSign Envelope ID: 123034D8-FC76-44B6-9317-11 E13981 E406
This Amendment is effective as of Oct. 1 2021.
EXECUTED this 1st day of Oct. ,2021.
LESSEE: LESSOR:
City of Fort Worth,a home rule municipal TOWN CENTER MALL,L.P.
Corporation of the State of Texas nDocuSigned by:
pana 24L(�hdoAc — (
By: Dana Burghdoff(6 ct 1,2021 14:22 CDT) By: r
Urs274C )413E.
Dana Burghdoff Michael T Pari za
Assistant City Manager
Agent for owner
9/30/2021
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.
�7�—
Assistant Library Director
Oct 1,2021
Approved as
to Form and Legality
Thomas R.Hansen
Assistant City Attorney
a
,00 °FOR. 4 a
ado° �0 ATTEST:
°
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�1 �° °o i�,d Ronald P. Gonzales
d�4�n 000000 0 p Acting City Secretary
Form 1295:NA
M&C: NA
OFFICIAL RECORD
First Amendment to City Secretary Contract No. 56131 CITY SECRETARY
FT.WORTH, TX
DocuSign Envelope ID: 123034D8-FC76-44B6-9317-11 El3981 E406
ATTACHMENT A
EXHIBIT"C": CONSTRUCTION AND IMPROVEMENTS
This Exhibit"C"is attached to the annexed and foregoing Shopping Center Lease(the"Lease")by and between the Landlord and the
Tenant named below.
ARTICLE I-PARTIES
1.1 Landlord: TOWN CENTER MALL, L.P.
1.2 Tenant: CITY OF FORT WORTH; FORT WORTH PUBLIC LIBRARY
ARTICLE II -.LANDLORD'S WORK
2.1 General: Landlord and Tenant agree that the initial Improvements to the Premises before the Commencement Date of the
Lease will be conducted by the Landlord and paid for by the Tenant. Tenant agrees to pay Landlord an amount of up to SIXTY-ONE
THOUSAND NINE HUNDRED SIXTY-EIGHT DOLLARS AND 32/100 ($61,968.32) as Additional Rent under Section 4.13 of the
Lease for the initial Improvements which will include the following specified work("Landlord's Work"):
A. DEMOLITION
a. 32 linear foot walls
b. 3 doors
C. 2,585 SF of ceiling grid and tiles
d. 240 SF of carpet and base
e. 2,750 SF of carpet
f. 878 SF tile floor
g. 27 each light fixtures
h. 29 each outlets and switches
B. WALLS AND CEILINGS
a. 4 each of large wall patches
b. 37 each of small wall patches
C. 3,390 SF of skimming and floating wall to remove texture
d. 2,844 SF of new standard ceiling tile(fire-rated)
e. 34 lot repair of ceiling grid/reframe for light fixtures
C. PAINT AND WALL COVERINGS
a. 3,430 sf of preparing and painting walls(two coats bldg.standard)
b. 1 each of painting a door
D. FLOORING
a. 480 linear foot of new VCT 4"cove base(also use for patch)
b. 4,006 SF of new vinyl plank floor(wood look finish)6"wide
C. 13 bag additional floor prep
E. ELECTRICAL
a. 34 each install 2 X 2 LED fixtures
b. 1 labor for floor plug and installation
F. MISCELLANEOUS
a. 4 each emergence ballast
The improvements cost of$61,968.32 as Additional Rent under Section 4.13 of the Lease breakdown is as follows:
DEMOLITION $4,135.76
WALLS AND CEILING $7,828.80
FLOORING $17,947.20
ELECTRICAL $30,014.16
PAINT AND WALL COVERINGS $1,682.40
EMERGENCY BALLAST $360.00
TOTAL $61,968.32
The Tenant will have the right to inspect all of Landlord's Work before the Commencement Date of the Lease.The Lease will begin
upon execution of a Commencement Date Memorandum signed by both parties.
First Amendment to City Secretary Contract No. 56131 4
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2.2 General Provisions. Landlord will have the right to locate utility lines,air ducts,flues,refrigerant lines,drains,sprinkler mains
and valves, and such other facilities(including access panels for same)within the Premises as deemed necessary by engineering,
design and/or code requirements. Landlord will also have the right to locate mechanical and other equipment on the roof over the
Premises.
2.3 Notice of non-responsibility: Landlord shall have the right to post a notice of non-responsibility prior to the beginning of
construction of any additional improvements by Tenant that are not included in Landlord's Work mentioned above.
First Amendment to City Secretary Contract No. 56131 5
DocuSign Envelope ID: 123034D8-FC76-44B6-9317-11 E13981 E406
ATTACHMENT B
EXHIBIT G
COMMENCEMENT DATE MEMORANDUM
THIS MEMORANDUM is made as of ,by and between Town Center Mall,L.P.
("Landlord")and The City of Fort Worth("Tenant").
Recitals:
WHEREAS,Landlord and Tenant are parties to that certain Lease Agreement dated
(the "Lease")for certain leased premises (the "Leased Premises")located at La Gran Plaza, Suite 1338, 4200 South
Freeway,Fort Worth,Texas.
WHEREAS,Tenant is in possession of the Leased Premises and the Term of the Lease has commenced.
WHEREAS, Landlord and Tenant desire to enter into this Memorandum confirming the Commencement
Date,the expiration date of the Term,and other matters under the Lease.
NOW,THEREFORE,Landlord and Tenant agree as follows:
1. The actual Commencement Date is
2. The actual expiration date of the Term is
Capitalized terms not defined herein shall have the same meaning as set forth in
the Lease.
LANDLORD: TENANT:
TOWN CENTER MALL L.P THE CITY OF FORT WORTH
A Texas limited partnership a Texas municipal corporation
By: By:
A corporation Name:
Title:Assistant City Manager
By:
Name:
Title:
First Amendment to City Secretary Contract No. 56131 6