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HomeMy WebLinkAboutContract 54622-A1 CSC No. 54622-A1 FIRST AMENDMENT TO THE LEASE AGREEMENT This First Amendment to the Lease Agreement (this "Amendment") (FORT WORTH CITY SECRETARY CONTRACT (CSC)NO. 54622) is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas("C "), acting herein by and through Dana Burghdoff, its duly authorized Assistant City Manager, and Alliance Al No. 1, LLC, a Texas limited liability company ("Tenant"), acting herein by and through its duly authorized representative. City and Tenant are individually referred to as a "party" and collectively referred to as the"parties". WHEREAS,the City entered into the Lease Agreement(CSC#54622)(the"Agreement") with Tenant on September 29,2020 to(a)lease a certain piece of land consisting of approximately 108,900 square feet of ground space ("Property'), and (b) provide Tenant with the right to lease a certain piece of land contiguous to the Property consisting of approximately 126,324 square feet of ground space ("Expansion Property"). Capitalized terms used but not defined herein shall have the meanings given to them in the Agreement; WHEREAS, per Paragraph 8 of the Agreement, the Tenant desires to exercise its rights under the terms and conditions under such Paragraph 8; and WHEREAS, in addition to the rights,terms and conditions listed under Paragraph 8 of the Agreement, the parties would also like to change the definition of"Leased Premises" from the Effective Date of this Amendment to include both the Property and Expansion Property as well as combine the Rent for both the Property and Expansion Property to reflect total amounts due each month under the Agreement for the all of the property leased. NOW THEREFORE, in consideration of the terms set forth under Paragraph 8 of the Agreement, the parties agree to amend the Agreement effective as of the Effective Date (defined below). AGREEMENTS: 1. Leased Premises. From and after January 15, 2022 (the "Effective Date"), the Leased Premises shall consist of the Property, the Expansion Property and all improvements now or hereafter located thereon. 2. Rent. From and after the Effective Date, Rent shall be the following amounts for the following periods of time. Time Period Annual Rent Rate Per Monthly Rent for Square Foot of Ground the Leased Premises Space for Leased Premises* January 15,2022—March 31, 2022 $0.65 $12,835.68 April 1, 2022—March 31, 2023 $0.69 $13,590.72 April 1, 2023—March 31, 2024 $0.75 $14,632.53 April 1, 2024—March 31, 2025 $0.80 $15,583.59 April 1, 2025—March 31, 2026 $1.06 $20,709.15 *The annual rent rate per square foot of ground space figures are rounded approximations, and the monthly rent amounts set forth above shall control. 1 OFFICIAL RECORD US 8211638v.4 HIL900/71001 CITY SECRETARY FT. WORTH, TX 3. Binding Effect,• Governing Law. Except as modified hereby, all other terms and conditions of the Agreement remain unchanged and in full force and effect. If any inconsistency exists or arises between the terms of the Agreement and the terms of this Amendment, the terms of this Amendment shall prevail. This Amendment shall be binding on City, Tenant and their respective successors and assigns. This Amendment shall be governed by the laws of the State of Texas. [Remainder of page intentionally left blank.] 2 EXECUTED on January , 2022 to be effective as of the Effective Date. CITY: CITY OF FORT WORTH TENANT: ALLIANCE Al NO. 1 LLC Daea Dana Bur 252�, :55 CST) By: Dana Burghdoff Assistant City Manager Name: a rl k 10 Title:Exerf(j��2 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. ' Name: Mark Bro n(Jan 21,202211:23 CST) Title: Lease Manager, Property Management Department APPROVED AS TO FORM AND LEGALITY: By: Thomas Royce Hansen Assistant City Attorney ATTEST: F OR T��a yannefitfe S. Goodall O�°°0000000�a�� By: Jannette S.Goodall(Jan 25,202212:55 CST) PA,0 °00�� Y' Jannette S. Goodall P~g °0 4 City Secretary w o 0 Zd ° 0° d Form 1295: NA ��� 5 6, 0OO000000 d Contract Authorization: -QZ1 XA oo p M&C: NA OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX