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HomeMy WebLinkAboutContract 57113 CSC No. 57113 THIRD AMENDMENT TO SUBLEASE This Third Amendment of Sublease (the "Amendment") is entered into to be effective as of January 25, 2022 ("Effective Date") between City of Fort Worth ("Landlord") and Burns & McDonnell Engineering Company, Inc. ("Tenant"),each individually refereed to as a"party"and collectively referred to as the"parties." RECITALS WHEREAS Landlord, as successor-in-interest to Hertz Fort Worth Energy Way LP, and Tenant,as subtenant to Pier 1 Services Company,are parties to that certain Sublease dated April 26,2016, as amended and modified by Amendment to Sublease dated April 5, 2019 (collectively,the "Sublease"), regarding the lease of approximately 39,757 square feet of rentable space on the 16th and 171h floor of the Landlord's building located at 100 Energy Way, Fort Worth TX 76102 (the"Premises"); and WHEREAS Landlord and Tenant now desire to amend and modify the Sublease in order to allow for Tenant's use of the balance of the 16"' floor (the "Remainder Space'), to revoke Tenant's option to extend the Sublease until 2027, and to provide that the term of the Sublease shall expire on August 31, 2024. NOW,THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration,the receipt of which is hereby acknowledged,Landlord and Tenant hereby agree as follows: 1. Recitals. The foregoing recitals are hereby affirmed by the parties as true and correct and each such recital is incorporated herein by this reference. Unless otherwise defined herein, capitalized terms used in this Amendment shall have the meanings ascribed to such terms in the Sublease. 2. Term. The Term of the Sublease shall expire on August 31, 2024. Tenant hereby revokes and repudiates its option to extend the Sublease beyond August 31, 2024. 3. Remainder Space. Landlord shall use its best efforts to deliver possession of the Remainder Space to Tenant in as-is condition on or before February 1, 2022. Unless otherwise specified by Tenant, all existing furniture in the Remainder Space shall be removed by Landlord prior to delivery of the Remainder Space to Tenant. The Remainder Space consists of approximately 13,257 square feet of rentable area. The Premises, the Expansion Premises, and the Remainder Space consist of approximately 53,014 square feet of rentable area in total. 4. Remainder Space Rent. The Rent for the Remainder Space shall be calculated on a rentable square footage basis in accordance with the rental rate for the Expansion Premises, as defined in the Sublease. Tenant's obligation to pay Rent for the Remainder Space shall commence April 1, 2022. In addition to Base Rent, Tenant shall also pay electricity, HVAC, and other charges (the "Additional Charges") for the Remainder Space in the same time and manner and by the same pro-rata share calculation used for the Expansion Premises, as further described in the Sublease. Tenant's obligation to pay Additional Charges for the Remainder Space shall commence upon Landlord's delivery of the Thud Amendment to Sublease—100 Energy Way OFFICIAL RECORD Burns&McDonnell Engineering Company,Inc Page 1 of CITY SECRETARY FT.WORTH, TX Remainder Space to Tenant. 5. Plans.Tenant shall submit all plans for the Remainder Space to Landlord for review and approval. Tenant,at its sole expense,shall complete all work on the approved plans.All modifications to the Remainder Space will be made at Tenant's sole cost and expense, subject to Landlord's prior approval and in accordance with the Sublease. 6. Parkin .As of the delivery date for the Remainder Space, Tenant shall have the use of an additional four(4)unassigned parking spaces per 1,000 rentable square feet of the Remainder Space. 7. Governmental Powers. It is understood and agreed that by execution of this Amendment, Landlord does not waive or surrender any of its governmental powers or immunities. 8. Governing Law and Venue. This Amendment will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to the Sublease or this Amendment,venue for such action will lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 9. Severability. If any provision of this Amendment is held to be invalid, illegal or unenforceable,the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 10. Signature Authority. The person signing this Amendment hereby warrants that they have the legal authority to execute this Amendment on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Amendment may be executed by any authorized representative of Tenant. Each party is fully entitled to rely on these warranties and representations in entering into this Amendment. 11. Electronic Signatures. This Amendment may be executed in multiple counterparts by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. [signature page follows] Third Amendment to Sublease—100 Energy Way Burns&McDonnell Engineering Company,Inc Page 2 of 3 IN WITNESS WHEREOF,the parties hereto have executed this Amendment in multiples. LANDLORD: CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person 4a a Su✓andoff responsible for the monitoring and administration Dana Burghdoff eb 11,202209:49 CST) By: of this contract, including ensuring all performance Name: Dana Burghdoff and reporting requirements. Title: Assistant City Manager Date: 2/11 , 2022 Gvegote Wr'tigate By: APPROVAL RECOMMENDED: Name: Greg Wingate Title: Sr. Facility Planner, Property Management Department Steve o�ke(Feb 9,2022 16:43 CST) By: APPROVED AS TO FORM AND LEGALITY: Name: Steve Cooke Title: Director,Property Management Department &Uffh&gt-lSLGu'`'6LG/ ATTEST: By: Matthew Murray(Feb 9,202216:14 CST) Name: Matthew A. Murray 7Glb/bIG��G cS` GDOGfGIGG Title: Assistant City Attorney J a n n ette S.G ood a II(Feb 14,2022 07:08 CST) By: .av�u CONTRACT AUTHORIZATION: Name: Jannette S. Goodall ,oar FORt� M&C: 20-0910'(December 15111,2020) F °°°°° Title: City Secretary a�o°°° °°°�pd�d 22-0072 (January 25",2022) 1�o . 0 Form 1295: N/A ° .O° °0 Cj TENANT: Phan r 5 a P �°°° ° 4y EXA ap BURN CDLQ N,T!,ty t GI ING COMPANY,INC. By: CC��//(( rr I all— Name: 0 Title: (� vt UP e Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Third Amendment to Sublease—100 Energy Way Burns&McDonnell Engineering Company,Inc. Page 3 of 3