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HomeMy WebLinkAboutContract 16491-A3 CITY SECRETARY CONTRACT N0. THIRD AMENDMENT TO LEASE AGREEMENT (CITY SECRETARY CONTRACT NO. 16491) WHEREAS, the City of Fort Worth ("Lessor") entered into a lease agreement with General Dynamics Corporation, a Delaware corporation, dated June 27, 1988 (City Secretary Contract No. 16491) (the "Lease") for approximately 2 acres of land described therein for Parking Lot #7 along Bomber Road, Fort Worth, TX for a Primary Term of five (5) years from July 1, 1988 to June 30, 1993; WHEREAS, Lockheed Martin Corporation, a Maryland corporation ("Lessee"), succeeded to the interest of General Dynamics Corporation as successor to Lockheed Corporation, the assignee of General Dynamics Corporation, and Lessee acknowledged its consent thereto; WHEREAS, by way of Lessee's notice dated April 15, 1993, Lessee exercised the First Renewal Term for a period of five (5) years from July 1, 1993 to June 30, 1998. WHEREAS, Lessor and Lessee amended the Lease on July 9, 1998 and filed of record in the Tarrant County Real Property Records on September 1, 1998 as Instrument No. D198174992 ("First Amendment to Lease") to exercise the Second Renewal Term of the lease for a period of five (5) years from July 1, 1998 to June 30, 2003, with options to renew the Lease for up to two (2) additional periods of five (5) years each. WHEREAS, By way of Lessee's notice dated April 29, 2003, Lessee exercised the Third Renewal Term for a period of five (5) years from July 1, 2003 to June 30, 2008. X99 1 OFFICIAL. RECORD CITY SECRETARY FT.WORTH,TX WHEREAS, By way of Lessee's notice dated March 18, 2008, Lessee exercised the Fourth Renewal Term for a period of five (5) years from July 1, 2008 to June 30, 2013, for a lease rate of$2,900.00 per year, or$241.67 per month. WHEREAS, By way of Lessee's notice dated February 18, 2013, and Lessor's letter dated May 17, 2013 accepting and acknowledging such notice from Lessee, Lessee exercised the Fifth Renewal Term for a period of five (5) years from July 1, 2013 to June 30, 2018, for an initial lease rate of $6.011.00 per year, or $500.92 per month, subject to a 3% annual escalation. WHEREAS, Lessor and Lessee desire to amend the lease to add three additional options to renew for five-year periods each; NOW THEREFORE, in consideration of the mutual promises, obligations and the rentals set forth below, the parties agree as follows: 1. Lessee and Lessor agree that Lessee shall have an additional three (3) options to further renew the lease for a period of five (5) additional years for each renewal term, each exercisable by providing written notice to Lessor no less than two (2) months prior to the expiration of the then- current term. Each Renewal Term shall be under the same terms and conditions as the Lease, except for the Rent, as follows. The Rent for the sixth renewal term, commencing July 1, 2018 and ending June 30, 2023, shall begin at an annual rate of $6,968.39, or $580.70 per month. Thereafter, the rental shall increase 3% annually and annual and monthly rentals for the Sixth Renewal Term shall be as follows: July 1, 2018 through June 30, 2019: $6,968.39; $580.70 per month 2 July 1, 2019 through June 30, 2020: $7,177.44, $598.12 per month July 1, 2020 through June 30, 2021: $7,392.76, $616.06 per month July 1, 2021 through June 30, 2022: $7,614.55, $634.55 per month July 1, 2022 through June 30, 2023: $7,842.98, $653.58 per month Rent shall continue to increase by 3% annually during the Seventh and Eighth Renewal Terms, if exercised. 2. Notices to Lessee are to be sent to: Lockheed Martin Corporation 1 Lockheed Boulevard MZ 6450 Fort Worth, TX 76101 Attn: Real Estate Manager And to: Lockheed Martin Properties, Inc. 100 South Charles Street Suite 1400 Baltimore, MD 21201 Attn: Lease Administration 3. All other terms and conditions of the Lease, as amended, remain unchanged and in full force and effect. [Signature Pages Follow] 3 EXECUTED this (P day ofnlp�CL , 2018. LESSOR: City of Fort Worth, a Texas municipal corporation Assistant City Manager Se-sc's Y. a e'- Approved as to Form and Legalit OF Assistant City Attdrney AAr �qS N4 M&C REQUIRED City Secretary LESSEE: LOCKHEED MARTIN CORPORATION By: LMC Properties, Inc., Attorney in Fact under Irrevocable Power of Attorney effective April 4, 2016 By: f z' Name: Charles B. Hardie Title: Manager, Real Estate tFT.YWORTH, AAL RECORD SECRETARY 4 TX THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ^^E, the undpr�ign--,authority, a Notary Public in and for the State and County aforTHM, .oVk day of ^-- 2018, personally appeared �n to me to be the per n whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of the State of Texas, and as the Assistant City Manager thereof, and for the purposes and consideration therein expressed, and in the capacity therein stated. SANwEZ MARIAN MyNotery►mom 2021 Notary Public, State of Texa Expires 0ece r 19, ors My Commission Expires: STATE OF MARYLAND § CITY OF BALTIMORE § BEFORE ME, the uncle rsi nod authority, a Notan Public in and for the State and City aforesaid, on this the day of , 2018, personally appeared Charles B. Hardie, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and,deed of Lockheed Martin Corporation, by LMC Properties, Inc. as Attorney in Fact under Irrevocable Power of Attorney effective April 4, 2016 and as the Manager, Real Estate thereof, and for the purposes and consideration therein expressed, and in the capacity therein stated. Notary Public, State of MaryiaAd- My Commission Expires: ANNEWKIRK NOTARY PUBLIC BALTIMORE COUNTY AAARYLAND MY COMMISSION EXPIRES JUNE 2,2020 5 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. Ze 1?<1. CN6 c.tbLl L•C Name of Employee/Signature Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature