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HomeMy WebLinkAboutContract 42492-A1 DocuSign Envelope ID:B3A125BD-A5A5-4126-A16D-070306F281A8 c11 1 CM F] coWACTM— FIRST(1)AMENDMENT TO THE LEASE BETWEEN CITY OF FORT WORTH AND TOWN CENTER MALL,L.P. Landlord and Tenant agree to continue to lease the space commonly known as"Suite 2495"at La Gran Plaza office building under the following terms and conditions: FIVE(5)years at: $1,982.63 per month from September 1,2014 to August 31,2015 $2,021.50 per month from September 1,2015 to August 31,2016 $2,060.38 per month from September 1,2016 to August 31,2017. $2,099.25 per month from September 1,2017 to August 31,2018. $2,138.13 per month from September 1,2018 to August 31,2019. All rates subject to the"CPI"clause in this Amendment,which is deleted in its entirety. Tenant currently has$0.00 on file as a security deposit. Tenant shall increase this deposit to$0.00 by paying Landlord$0.00 on or before September 1,2014 Landlord's address for Rent payments: Town Center Mall,L.P. P.O.Box 4737 Houston,Texas 77210-4737 Landlord's address for all purposes other than rent payments: 720 N.Post Oak Rd.,suite 500 Houston,Texas 77024 If Tenant fails to pay Rent on or before the fifth(51')day of any month,Tenant shall pay Landlord a late fee equal to fifteen percent(15%)of the amount of Rent due,which shall be paid by Tenant to Landlord inunediately upon written notice from Landlord. Failure by Tenant to make immediate payment of the delinquent Rent plus late fee shall constitute an Event of Default. This provision,expressly,does not relieve the Tenant's obligation to pay Rent on the first of each month and is not a waiver by the Landlord to require payment on the first day of each month. In the event that the cost of electricity per kilowatt hour("kwh")for the electricity serving the Building increases by thirty percent(30%)or more from the Commencement Date of this Amendment,Landlord may pass through any such increase(including all charges assessed as part of the electricity bill)above the thirty percent(30%)threshold to Tenant based on Tenant's pro-rata share of the total square footage of the Building. Tenant agrees to pay such charge immediately upon receipt of written notice thereof. Landlord and its management company shall calculate said charges,and its determination shall be binding on all parties. Landlord reserves the right to charge Tenant,and require payment in advance,for services and/or expenses not required of Landlord under this Lease,or incurred in relation to the Lease. Such charges include,but are not limited to,processing"bounced"checks,changing locks,reviewing and signing lien waivers,lease assignments,sublet documents,providing after hours HVAC rates,etc. A list of charges can be obtained from the Landlord's representative. The charges are based on the cost to the Landlord or its management company to provide the service which is charged for,and are subject to change at anytime without notice. All other provisions of the Lease shall remain the same. Attested by: Attested by: Town Center Mall,L.P., a Texas limited partnership Tenant(signature) By:Town Center Property,L.L.C., /- a Texas limited liability company, ��✓ � i/l� � its sole general partner Tenant(print fame4nd title) By:LGP Property,L.L.C., a Delaware limited liability company, its managing member I OauSipned by. Date p/J BY eoae71—1 A Andrew Segal,Manager � Ids- �I�- 1��� A by: set City 'R � �°°J auCFIVED _ $� 4 RECORD D FEB 1.0-2016 Ec$, CITY� SECRETARY CITY ol:FoRY woRTx * FT.WORTH,TX CITY SECRETARY Boxcrpmpmancorp I/07mnewal amendment.TI - M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas FORT WO CITY C4WOUNCIL AGENDA COUNCIL ACTION: Approved on 1/26/2016 DATE: 1/26/2016 REFERENCE NO.: **L-15856 LOG NAME: 21LAGRANPLAZA CODE: L TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Five-Year First Amendment to Lease Agreement with Town Center Mall, L.P., for a Five-Year Total of$123,622.68 for Office Space Located at La Gran Plaza Office Building, Suite 2495, 4200 South Freeway for the Park and Recreation Department and Ratify Expenditures for Rent in the Amount of$33,899.06 (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a five-year First Amendment to Lease Agreement, City Secretary Contract No. 42492, with Town Center Mall, L.P., at a total cost of$123,622.68 to lease office space at La Gran Plaza Office Building, Suite 2495, located at 4200 South Freeway, for the Park and Recreation Department; and 2. Ratify expenditures for rent from September 1, 2014 to January 1, 2016 in the total amount of $33,899.06. DISCUSSION: The Park and Recreation Department has offices in leased space at La Gran Plaza located at 4200 South Freeway, including Suite 2495, which has been used for the past four years by the Community Services Division of the department to support the Weatherization Assistance Program. The lease for Suite 2495 (1,866 square feet) (City Secretary Contract No. 42492), representing only a portion of what is leased by Park and Recreation Administration, was initially funded by grant funds associated with the Weatherization Assistance Program. The original lease ended on August 31, 2014. Staff and La Gran Plaza negotiated a First Amendment to extend the term and include a slight annual escalation in rent (see rent schedule below), which La Gran Plaza executed, considered in effect and proceeded to manage the lease accordingly. However, it was recently discovered the First Amendment was not executed by the City, though the City continued to occupy the space and paid the rent in accordance with the schedule negotiated for the First Amendment. The Weatherization Assistance Program has recently moved out of this space as a part of City organizational changes; the grant funding source for the lease no longer applies; however, due to space needs for the new Recreation Division Administration, the space has continued to be utilized by Park and Recreation Department staff with an annual lease cost of$24,258.00 budgeted in the Fiscal Year 2016 General Fund Budget for the Park and Recreation Department. With this addition, the annual lease cost for the entire 23,297 square feet of space occupied by the Park and Recreation Department is $373,238.00. Staff seeks approval to execute the First Amendment with an effective date of September 1, 2014. The rent terms of the First Amendment are as follows: $1,982.63 per month from September 1, 2014 to August 31, 2015 http://apps,cfwnet.org/council_packet/mc review.asp?ID=21767&councildate=1/26/2016 1/27/2016 M&C Review Page 2 of 2 $2,021.50 per month from September 1, 2015 to August 31, 2016 $2,060.38 per month from September 1, 2016 to August 31, 2017 $2,099.25 per month from September 1, 2017 to August 31, 2018 $2,138.13 per month from September 1, 2018 to August 31, 2019 The City has paid rent from September 1, 2014 to January 1, 2016, according to the above schedule, in the total amount of$33,899.06 and Staff recommends the City Council ratify this payment of rent. Staff is currently commissioning a needs assessment for Park and Recreation Department facilities, including Administration and field maintenance. The purpose will be to evaluate the long-term cost of the leased space compared to a capital investment in a permanent facility at the conclusion of this lease and any future-negotiated terms. This property is located in COUNCIL DISTRICT 9, Mapsco 91E and 91 J. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated of the General Fund. TO Fund Department Account Project Program Activity [Budget Rerence# Amount ID ID Year ( rtfield 2) FROM FundDepartment Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2) 10100 0801000 5441101 $24,258.00 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Steve Cooke (5134) Additional Information Contact: Jean Petr (8367) ATTACHMENTS 21 LAGRANPLAZA.pdf Form 1295 068.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=21767&councildate=1/26/2016 1/27/2016 ONEZ O�' ��1lli F -:•r+ice, � ■� � � � �, it�1� ®1111 Ijlll'111111111111111■�� ., 1.11111111: 11llreffle111 1111111 11111111111Fitinuffill 11111111111 1111111 11111111 IIIIIIIIi(, -lII�lllllli� 111!11!11 1■ow rillimill I11111011w 11111111 11#1111� -!��Illlllll 11111.1111®. 1111111111 Iliilillll 1111!111111 111111111®' I®illilil I111111111: �#tllt� �®� oil j 11111 - I i te1,9l � 1111!1 1111 MM =I I®l_ loll IV's MF- c ��7��IF DocuSign Envelope ID:7EAF2805-7187-4813-AFCA-117E1AB19074 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl OFFICE USE ONLY Complete Nos.1-4 and 6 if there are interested parties. Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-1825 Town Center Mall,LP Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/08/2016 being filed. CDate Acknowledged: City of Fort Worth 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the goods or services to be provided under the contract. 42492 Rent Payment q Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary — 5 Check only if there is NO Interested Party. ❑ X 6AF Nr I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. BERENISEC FRIAS My Commission Ex&4s Docu3ipned by: Febrwry 24,2018 1 F ignatGie of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE /} Sworn to and subscribed before me,by the said IOWA(,Q iti �Cf 1VLG«( �S�le� Ibid the h day of 20 to to certify which,witness my hand and seal of office. JPiLa�1.( ( ccfyt i S 2 c ; Wic. Signature of officer administering oath Printed name of officer administering oath Title of offic4Y administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.33598