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HomeMy WebLinkAboutContract 27974-A1 '"\ON RACT NO o 29 FIRST AMENDMENT TO LEASE AGREEMENT This First Amendment to Lease Agreement (this "Amendment") is made by and between Texas Land & Investment, Ltd., a Texas limited partnership ("Lessor"), and the City of Fort Worth ("Lessee"), is executed on the date(s) set forth below with the signatures of the parties hereto, to be effective as of December 30, 2009. RECITALS A. Colorado Magnolia, L.P. ("Original Lessor") and Lessee entered into that certain Lease Agreement dated as of September 11, 2002 (the "Lease"), pursuant to which Original Lessor leased to Lessee, and Lessee leased from Original Lessor, certain premises containing approximately 5208 square feet, located at 1000 West Magnolia Avenue, Suites C & D, Fort Worth, Texas (defined in the Lease as the Leased Premises; capitalized terms used and not otherwise defined in this Amendment shall have the meanings given them in the Lease). B. In 2002, Original Lessor assigned all of Original Lessor's rights, titles and interests as the "Lessor" in, to and under the Lease to Lessor. C. The term of the Lease expired on August 31, 2007, and Lessee has occupied the Leased Premises on a month to month basis since its expiration. Lessee has requested Lessor, and Lessor has agreed,to extend the term of the Lease as provided in this Amendment. D. Lessor and Lessee desire to enter into this Amendment to confirm and evidence the extension of the term of the Lease and certain other amendments to the Lease, all subject to and as more fully provided by the terms and provisions of this Amendment. AGREEMENTS NOW, THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged and confessed by Lessor and Lessee, the parties hereby agree as follows: 1. Subject to and conditioned upon the other terms and provisions of this Amendment, Lessor and Lessee hereby modify the Lease to extend the term so that the term will have an expiration date of April 30, 2010. 2. Commencing on January I, 2010, and continuing through April 30, 2010, the basic rent shall be payable in monthly installments due on the first day of each month in the amount of$7,812.00. The payment of this basic rent, and all other matters concerning the lease of the Leased Premises by Lessee from Lessor, otherwise shall be governed by the terms and provisions of the Lease; except it is expressly agreed that there are no renewal or extension options or rights in favor of Lessee beyond April 30, 2010, and Lessee agrees to completely and timely vacate the Leased Premises, in the condition provided in the Lease, no later than April 30, 2010. 3. As of the date of execution of this Amendment and prior to approval of this Amendment by the Fort Worth City Council (Lessee's governing body), Lessee has paid the basic rent for the months of January and February 2010 at the prior rental rate. Coneurre execution and delivery of this Amendment by Lessee, Lessee shall pay the additional a���pt CORD basic rent due for the months of January and February 2010, in which event no 18 CITY SECRETARY FT.WORTH,TX charges shall be due in connection with the payments of basic rent for January and February 2010 and Lessee shall not wise be due be in default for not timely paying the full amounts of basic rent for the months of January and February 2010. All rent shall otherwise be due and payable, and Lessee agrees to all other rent, in accordance with the other terms and provisions of the Lease. 4. The addresses for notice to Lessee under the Lease shall be as follows.- (r- Arf-1 aCG.a_ irst &4_1 Noyie-'e-4 5. Except as expressly changed herein, all of the provisions, conditions, and covenants of the Lease are hereby agreed to and confirmed by Lessor and Lessee, and Lessor and Lessee acknowledge and agree that the Lease, as amended by this Amendment, is in full force and effect. Executed as of the date(s) set forth below, to be effective for all purposes as of December 30, 2009. LESSOR: TEXAS LAND & INVESTMENT, LTD., a Texas limited partnership By: Texas Land & Investment Management Co., LLC, its general partner By: _ Bren Hyder Manager By:��z s G. More'_rAanager Date Executed: /— '2—"":Z;' ^ LESSEE: THE CIT 1 Or r ORT WORTH Kc— y: Name: Title: yv OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 2 4. The addresses for notice to Lessee under the Lease shall be as follows: Fort Worth Police Department Attn: Kathy Hinz 350 West Belknap Street Fort Worth, TX 76102 As well as to: City of Fort Worth Real Property Coordinator Attn: Robin Bentley 1000 Throckmorton Street Fort Worth, Texas 76102 As well as to: City of Fort Worth City Attorney's Office Attn: Leann D. Guzman 1000 Throckmorton Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Pagel of 2 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, January 26, 2010 REFERENCE NO.: **L-JLF�ly LOG NAME: 171000MAGNOLIA SUBJECT: Authorize the Execution of a Lease Agreement with Texas Land and Investment, Ltd., a Texas Limit( Partnership, for Office Space Located at 1000 Magnolia Avenue, Suites C and D, for the Police Department for a Monthly Cost of$7,812.00 (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a Lease Agreement with Texas Land and Investment, Ltd. Texas Limited Partnership, for approximately 5,208 square feet of office space located at 1000 Magi Avenue, Suites C and D, for a cost of$7,812.00 per month; and 2. Authorize the Lease Agreement to begin January 1, 2010, and expire April 30, 2010. DISCUSSION: The Housing and Economic Development Department, Real Property Services Division, at the requ( the Police Department, has negotiated the lease of office space to be used as a Neighborhood Polic District No. 2 headquarters. The previous Lease Agreement expired on August 31, 2007. Since then City has occupied the property on a month-to-month basis. The Neighborhood Policing District No. 2 headquarters will move into a new location at 1289 Hempl- construction on that site will not be completed until April 15, 2010. In exchange for allowing the City remain in the space until the new location is ready for move-in, the landlord requested this four mons Lease Agreement. The term of this lease i �, `S YkSSC4 on to renew. There is a rental charge of$7,812. per month for the office taxes and insurance. All utilities with the excep water and telephone se pyo 3�� y2se `- CSC y The City has leased this aS r 1, 1996. The property is located it FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operatir budget, as appropriated, of the Crime Control and Prevention District Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fundiwccount/Centers GR79 539120 0359501 $31 http://apps.cfwnet.org/ecouncil/printmc.asp?id=13008&print=true&DocType=Print 1/26/2010 Page 2 of 2 CERTIFICATIONS: Submitted for City Manager's Office by: Thomas Higgins (6192) Originating Department Head: Jay Chapa (5804) Cynthia Garcia (8187) Additional Information Contact: Robin Bentley (7315) ATTACHMENTS 1. FUNDS AVAILABLE.doc (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=13008&printrtrue&DocType=Print 1/26/2010