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Home My WebLink AboutContract 35426��,r' ��C;��'��'lf �of�!"�,';��^� t�icJ . AMENDMENT TO LEASE AGREEMENT This First Amendment to Lease Agreement ("First Amendment") is entered into by and between the City of Fort Worth, a home-rule municipal corporation ("Lessee"), and the Ft. Worth Plaza, Limited Partnership, a TeYas Partnership, ("Lessor"). RECITALS A. Lessor and Lessee entered into a Lease dated December 16"', 2003 ("Lease"), covering appro�cimately 13,344 rentable square feet of office space in the Building located at 307 W. 7th Street, Fort Worth, Texas and 10 non-reserved parking spaces in the parking garage. ("Leased Premises"). B. Lessor and Lessee desire to expand the Leased Premises to encompass the additional office space and parking space and to extend the term of the Lease. AGREEMENT In consideration of the mutual covenants contained in this First Amendment, Lessor and Lessee agree to amend the Lease as follows: 1. Section 1. Leased Premises and Common Area, 5ubsection A is amended in the entirety to read as follows: "A. For and in consideration of the rental payments to be paid under this Lease, Lessor leases to Lessee and Lessee leases from Lessor the following described property on a full service basis: Approximately 19,183 rentable sc�uare feet of office space (the "Office Space") in the "Building" located at 307 W. 7 Street, Fort Worth, Texas, and 20 non-reserved parking spaces in the "Parking Garage" located at 307 W. 7`�' Street, Fort Worth, Tarrant County, Te�s, a more particular description of which is attached as "E�ibit A-1 and A-2." The Office Space and parking spaces as described above together with any and a11 structures, improvements, fi�ures and appurtenances thereon, thereunder or over, shall be refened to as the "Leased Premises"." 2. Section 1. Leased Premises and Common Area. is further amended by the addition of Subsection F to read as follows: "F. In addition, if additional office space becomes available for lease on the mezzanine, street and basement level, Lessor hereby grants Lessee the first right of refusal to lease the Additional Space under the same terms, rental rate and conditions contained herein which right of first refusal must be exercised by Lessee in writing within fifteen (15) days of Lessor giving written notice as to the available space, and if Lessee does not exercise the right in the time provided, then Lessee shall be deemed to have waived its right to lease said space." 3. Section 3. Term and Rent, Subsection A is amended in the entirety to read as follows First Amendment to FWIC L,ease "A. This lease shall commence upon execution and expire April 30, 2014, unless a prior ternunation is effected by either Lessor or Lessee pursuant to this Lease and subject to Lessee's right to renew as set forth in Section 3C below. Upon execution and until Lessor's completion of Tenant improvements as described in E�chibit B, Lessee shall pay Lessor annual rent of $12.00 per square foot for the 13,344 square feet of Leased Space located on the Street Level and Mezzanine shown on E�ibit A-1. Upon completion of the Tenant Improvements shown on the attached E�chibit B, Lessee shall pay Lessor $13.48 per square foot per year base rent for the 19,183 rentable square feet located on the Street Level, Mezzaniue and the Basement and as shown on E�ibit A-1 andA-2. Such rent shall be payable in equal monthly installments of $21,548.90. Beginning on May 1, 2009 until April 30, 2014, Tenant shall pay $14.87 per square foot per year base rent for the 19,183 rentable square feet located on the Street Level, Mezzanine and the Basement and as shown on Eachibit A-land A-2. Such rent shall be payable in equal monthly installments of $23,770.93 per month from May 1, 2009 through Apri130, 2014." 4. Section 3. Term and 12ent, Subsection C is amended as follows: C. Lessee shall have the right to renew this Lease for one five year term ("Iuitial Renewal Term") at a base rental rate of $16.00 per square foot, provided that Lessee notifies Lessor in writing of its intent to e�end at least 120 days priar to the expiration of the Lease. The terms of this Lease shall continue to govern and control the relationship of the parties during the Initial Renewal Term. In addition, Lessee shall have the right to renew this Lease for an additional renewal term after the Initial Renewal Term for three years ("Second Renewal Term'.') for the then prevailing market rate provided that Lessee notifies Lessor in writing if its intends to e�end as least 120 days prior to the expiration of the Initial Renewal Term. The terms of this Lease shall continue to govern and control the relationship of the parties during the Second Renewal Term." 5. Section 5. Additional Parkin� Spaces, Subsection A is amended as follows: "A. During the Lease, Lessor, upon written request by L.essee agrees, to lease Lessee up to 20 additional non-reserved parking spaces in the Parking Garage for $70.00 per month." 6. Section 6. Buildin� Ezterior; Signa�e, is amended by the addition of Subsection D, which shall read as follows: "D. Lessor sha.11 permit Lessee to maintain throughout the Lease, an outdoor sign on the Building on the location as shown on Exhibit C. Lessor shall provide the appropriate electrical connection for the proper operation of the sign. " 7. Section 7. Improvements, Services Provided, Subsection A is amended as follows: "A. Lessor at his own expense shall construct and install to the satisfaction of Lessee the "Tenant Improvements" to the Leased Premises as described in attached Eachibit B and made a part hereof. If Lessar fails to substantially complete the improvements in the manner described in EYhibit B within ninety (90). days after the signing and full eYecution of this agreement Lessor agrees to pay Lessee a liquidated damages fee of $100.00 for every day until the Tena.nt Improvements are substantially completed, however, Lessor shall not be responsible to pay liquidaxed damages for delays in completion caused by Lessee. L r�see `� ' �� First Ameudment to FWIC Lease 2 � will designate a contact person to review and inspect the work completed by Lessor and to assist Lessor and once reasonably satisfied with the Tenant Improvements Lessee shall commence occupancy." S. E�ibits `A" and "B" and "C" are hereby amended as A-1, A-2„ B and C and are attached hereto and shall be incorporated into the Lease. Except as amended by this First Amendment, all of the terms and conditions of the Lease are ratified and remain in full force and effect. This Amendment shall be effective upon execution of the parties. LESSOR: Ft. Worth Plaza Limited Partnership LESSEE: CITY OF FORT WORTH a Texas Limited Partnership : •T lecomspace America, Inc. By: '��-�%Q4.�¢.�c� ,�fj � s corporation Dale Fisseler \ Assista.nt City Manager G�� T. ATTEST: �� (��., � '�� -'v� _ _ \� Marty Hendrix City Secretary M & C Numb er: �� " �_ � � � � � �� First Amendment to FWIC Lease 3 APPROVED AS TO FORM AND LEGALITY: , , � �- � j- � � �t �—!,� � vl -- , =� City Attorney r His Designee Date: (cl " � �% � �-� C r�, Contract Number: STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Dale Fisseler, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he/she executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. �� GIV�N UNDER MY HAND AND SEAL OF OFFICE this day of � �% L' ,2007. AMA L. �RISEMO , . Notary Public, State of Tuxas ,� ., My Cammissan Expires March 07, 2011 STATE OF TEXAS COUNTY OF TARRANT '(�/ . Notary Public in and for the State of Te�as BEF�RE ME, the undersigned authority, a Nota.ry Public in and for the State of Texas, on this day personally appeared M.T. Akhavizadeh, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me tha,t the same was the act of the Ft. Worth Plaza Limited Partnership and that he executed the same as the act of said Ft. Worth Plaza Limited Partnership for the purposes and consideration therein expressed and in the capacity therein stated. � GIVEN iTNDER MY HAND AND SEAL OF OFFICE this �� da,y of '� � 2007. �`i�,'M1Y"B(�= Nota�ry P bl c, State oETexas � ` :�' = My Commission Expires / �/, ' ` � �— B ':;;;�n��;;o•'� April 24, 2011 , :. �_ �i�..t,��- �'�� :}'�,f_ ��f.�L'�.� Notary Public in and for the State of Texas First Amendment to FWIC Lease 4 �� a �� 4 r � O � G `�J � � t � � � H7 � � � O a � � � � � ; 4 � ; c i c c c c a c c — s r a � � �yi a8ad asna7 �yNa� y�o,�,{'o ,C�z,� aIA�I?eradaasdS ;:; - �Il:i: � 1 � � � A � w � w � m � FL 0 A W � R e7 w � � A � � �"F— � � • O rn � I ' I � � rn� —� . I ' 1 �` ` I 3 V � " �' C � — � � X � G �z � rn c� � �� o '�" r^ N O � � � � N � tD � � � � � � X � o� � 0 � � �, Tenant Improvements E�ibit B(page 3 of 4� PUNCH LIST • Additional electrical outlets (14) per drawing. • Cable Drops (3) per drawing. • Network cabling per drawing • Build out of offices, rooms and areas per drawing � All personal office doors as well as entry doors must lock independently and must be accessible through a master key. � Security locking mechanism for all entry doors into the new area as well the e��isting leased area that will allow automatic locking before and after business hours. • Cabling, electrical connection and installation of motion security camera set to view both basement entry doors. Tenant will provide the security camera hardware. • Cabling, electrical connection and installation of powered projection screen mechanism in conference room of basement area. Tenant will provide the projection screen mechanism. • Cabling, electrical connection and installation of buzzer alert for basement entry doors. Tenant will provide the buzzer alert mechanism. • Cabling, electrical connection and installation of outdoor sign on Throckmorton Street side. Tenant will provide the sign. • Access to the building's antenna mechanisms to allow reception and usage of cellular telephones in basement. ,� � • Adequate daylight lighting throughout the leased space � � including the staircase area. `�,�+ Tenant Improvements E�ibit B(�a e� 4 of 4� • Motion activated lights mechanisms in all basement rooms. • Cabinets for break room, conference room and receptionist areas similar to those in the existing leased area based on tenant input. • Water connection and sink in the basement break room • Glass doors and fronts on basement level offices • Glass doors on o all basement offices o basement main entry from elevators o basement entry from staircase • New carpet in basement area, tenant to select from lesor provided options. • New paint, tenant to select from lesor provided options. • Polishing of marble floor in street level entry area that is comparable to the existing leased area. • Refurbish male and female restrooms in basement area City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, May 15, 2007 LOG NAME: 30TRV MWBE REFERENCE NO.: **C-22118 SUBJECT: Authorize the City Manager to Execute an Amendment to the Existing Lease Agreement with Fort Worth Plaza Limited Partnership to Increase the Square Footage of City Leased Office Space Located at 808 Throckmorton Street �,� �,�,� �„��, �� --- �--�- RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an amendment to the existing lease agreement with Fort Worth Plaza Limited Partnership for the Fort Worth International Center to increase the amount of office space to 19,183 square feet to provide a centralized location for the City's Trinity River Vision Uptown (TRV) project coordination and the City's Minority / Women Business Enterprise (MWBE) Office; 2. Authorize the lease amendment to begin upon approval and expire on April 30, 2014; 3. Authorize the City Manager to renew the lease for one additional five year term for a total cost of "�306,928 per year if sufficient funds are appropriated; and 4. Authorize the transfer of $100,000.00 from the General Fund, Non-Departmental, to the Economic and Community Development Department for the funding of the lease through the remainder of the fiscal year and for arl costs associated with moving and furnishing the TRV project coordinator and MWBE Office operations. DISCUSSION: As part of the overall TRV cooperative project and the City of Fort Worth's office space reorganization, the Cify will lease additional o�ce space adjacent to the Fort Worth International Center (FWIC). The space, located at 808 Throckmorton Street, will be utilized by the City's TRV Project Coordinator. This location will allow the City to work closely with the Tarrant Regional Water District and their TRV staff in the execution of the overall Uptown channel infrastructure project. In addition, this office space will serve as the new location of the City's M/WBE office. The relocation of the M/WBE office is needed to provide additional office space for existing departments in City Hall, while providing the office space needed for M/WBE to perform all of its activities. The M/WBE office will ensure that diverse contract opportunities are maximized as the TRV project progresses. The total annual cost for this lease through April 30, 2009 will be $258,586.84 then increasing to $285,251.21 from May 1, 2009 through April 30, 2014. Funds for the pro-rated lease through the remainder of the fiscal year and the required operational costs associated with the relocation, including ITS charges for networking and communication requirements, furniture, equipment, signage and moving costs were budgeted in General Fund, Non-Departmental, and will be transferred to the Economic and Community Development Department budget. The property is located in COUNCIL DISTRICT 9, Mapsco 77 A. �..�mr.� �� izmr. Pa�e 1 of 2 FISCAL INFORMATION/CERTIFICATION: � The Finance Director certifies that funds are available in the Fiscal 2007 Budget. TO Fund/Account/Centers GG01 531350 0175000 GG01 531450 0175000 GG01 537010 0175000 GG01 539120 0175000 FROM Fund/Account/Centers $12,096.00 GG01 090 538070 880.00 GG01 531350 0175000 $42.000.00 GG01 531450 0175000 $45,024.00 GG01 537010 0175000 GG01 539120 0175000 Submitted for Citv Manager's Office bv: Marc A. Ott (8476) Originating Department Head� A. Douglas Rademaker (6157) Additional Information Contact: Mark Thigpen (8366) T __�..___. �nmrit� T,r�xm� $100,000.00 $12,096.00 880.00 $42,000.00 $45.024.00 Pa uP �. nf 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/15/2007 DATE: Tuesday, May 15, 2007 LOG NAME: 30TRV MWBE Page 1 of 2 REFERENCE NO.: **C-22118 SUBJECT: Authorize the City Manager to Execute an Amendment to the Existing Lease Agreement with Fort Worth Plaza Limited Partnership to Increase the Square Footage of City Leased Office Space Located at 808 Throckmorton Street RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an amendment to the existing lease agreement with Fort Worth Plaza Limited Partnership for the Fort Worth International Center to increase the amount of office space to 19,183 square feet to provide a centralized location for the City's Trinity River Vision Uptown (TRV) project coordination and the City's Minority / Women Business Enterprise (MWBE) Office; 2. Authorize the lease amendment to begin upon approval and expire on April 30, 2014; 3. Authorize the City Manager to renew the lease for one additional five year term for a total cost of $306,928 per year if sufficient funds are appropriated; and 4. Authorize the transfer of $100,000.00 from the General Fund, Non-Departmental, to the Economic and Community Development Department for the funding of the lease through the remainder of the fiscal year and for all costs associated with moving and furnishing the TRV project coordinator and MWBE Office operations. DISCUSSION: As part of the overall TRV cooperative project and the City of Fort Worth's office space reorganization, the City will lease additional office space adjacent to the Fort Worth International Center (FWIC). The space, located at 808 Throckmorton Street, will be utilized by the City's TRV Project Coordinator. This location will allow the City to work closely with the Tarrant Regional Water District and their TRV staff in the execution of the overall Uptown channel infrastructure project. In addition, this office space will serve as the new location of the City's M/WBE office. The relocation of the M/WBE office is needed to provide additional office space for existing departments in City Hall, while providing the office space needed for M/WBE to perForm all of its activities. The M/WBE office will ensure that diverse contract opportunities are maximized as the TRV project progresses. The total annual cost for this lease through April 30, 2009 will be $258,586.84 then increasing to $285,251.21 from May 1, 2009 through April 30, 2014. Funds for the pro-rated lease through the remainder of the fiscal year and the required operational costs associated with the relocation, including ITS charges for networking and communication requirements, furniture, equipment, signage and moving costs were budgeted in General Fund, Non-Departmental, and will be transferred to the Economic and Community Development Department budget. http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 6/25/2007 The property is located in COUNCIL DISTRICT 9, Mapsco 77 A. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the Fiscal 2007 Budget. TO Fund/AccountlCenters GG01 531350 0175000 GG01 531450 0175000 GG01 537010 0175000 GG01 539120 0175000 Page 2 of 2 FROM Fund/Account/Centers $12,096.00 GG01 090 538070 $100,000.00 880.00 GG01 531350 0175000 $12,096.00 $42,000.00 GG01 531450 0175000 $880.00 $45,024.00 GG01 537010 0175000 $42,000.00 GG01 539120 0175000 $45,024.00 Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: Marc A. Ott (8476) A. Douglas Rademaker (6157) Mark Thigpen (8366) http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 6/25/2007