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HomeMy WebLinkAboutContract 37519RENEWAL OF AND SECOND AMENDMENT TO LEASE AGREEMENT WHEREAS, the City of Fort Worth ("Lessee") entered into a lease agreement with Doris B. Frost and Harold C. Bowen (City Secretary Contract No. 27938) dated August 27, 2002 for office space located at 3457 N. Decatur Avenue, Fort Worth, Texas 76106 ("Leased Premises"); WHEREAS, the Leased Premises were purchased by Jose Vasquez, Jr. d/b/a Vasquez Enterprise, Inc. ("Lessor"); WHEREAS, the Lessee and Lessor entered into a First Amendment of Lease Agreement (City Secretary Contract No. 36536) on January 24, 2008 which extended the term and provided for renewal options, set forth rentals, and required certain work to be performed by Lessor to the Leased Premises; and WHEREAS, the Lessee and Lessor wish to provide for the exercise of the first renewal option under the Lease and to amend the Lease to make provisions regarding repairs to the Leased Premises. NOW THEREFORE, in consideration of the rentals set forth in the Lease and the conditions and agreements set forth below, the parties agree as follows: 1. Lessee exercises its first one (1) year renewal option, thereby extending the term of the Lease to July 31, 2009. 2. Section 4 of the Lease is amended by replacing the final sentence of Section 4 in its entirety with the following: "If any repairs required to be made by Lessor are not made within twenty-four hours after written notice is delivered to Lessor by Lessee, Lessee shall have the following options: a, to extend the twenty-four hour deadline if, in the Lessee's sole discretion, the repairs would require a reasonable person or persons more time to effect; bh to make the repairs and deduct the amount of the repairs from future rentals; c. to withhold any or all rentals until the repair is effected; or d, to terminate this Lease. The parties agree that for the purposes of this paragraph, the Lessee's duty to pay rent and the Lessor's duty to repair are not independent duties." 3. All other terms and conditions of the Lease, as amended, remain unchanged and in full force and effect. OFFICIAL REC©RD CITY SECRETARY' FT. WORTH, TX EXECUTED this LESSOR: Jose Vasquez, Jr. d/b/a Vasquez Enterprise, Inc. day of LA , 2008. LESSEE: City of Fort Worth, a Texas munipiol%corporation Jose �a�uez, Jr. % Joe Pi�Ciagt+a, First Assistant City Manager as to Form and Legality: Attest: City Secretary No M&C Required OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 4 LEANN GUZMAN ASSISTANT CITY ATTORNEY July 315 2008 (617) 392-7600 leann.g uzma n@fortworthgov.org Mr. Jose Vasquez, Jr. Via Certified Mail -Return Receipt Requested 3451 Decatur Avenue Fort Worth, Texas 76106 Re: Lease Renewal: 3457 N. Decatur Avenue Dear Mr. Vasquez: I represent the City of Fort Worth (the "City"), Lessee in the above described Lease. The City of Fort Worth wishes to exercise the first renewal term, as set forth in the First Amendment to the Lease ("First Amendment"), attached. However, the City has concerns regarding the difficulty it has encountered in having the Leased Premises repaired. In accordance with the Lease, the City has notified you on multiple occasions of repairs needing to effected. In the First Amendment, executed on January 22, 2008, you were required to perform work that even now, over seven months later, has not been completed. The City is aware of the efforts you have made to complete the repairs. Because of these good -faith -efforts to meet your obligation, the City will not consider you in default of the Lease at this time. However, the City does not waive any of its rights or remedies under the Lease or First Amendment. As of the date of this letter, two items required to be completed by you in accordance with the First Amendment remain incomplete. 1. You have not provided a water cooler and water delivery service to the Leased Premises. Please immediately provide this to the City in accordance with the Amendment. 2. The carpet has not been replaced. The City has expressed concern that the continual problem with leaks in the ceiling would make it pointless to replace the carpet. It is the City's understanding that you claim the most recent repairs to the roof and ceiling will prevent any future leaks. Without a rain, the City does not know if the leaks are actually repaired, but if you can assure us the leaks are in fact repaired, then the City gives its consent to have the carpet replaced. As previously stated, the City has had repeated problems with getting effectual response from you on its complaints regarding issues with the Leased Premises. One recent example concerns the air conditioning, which took weeks to get repaired satisfactorily. Therefore, the City requests that the Lease be amended to allow the City some additional opportunities to ensure that the repairs are completed. The City does not wish to terminate the Lease, as evidenced by its exercise of the renewal option, but if the City is to remain your tenant, it needs to have a method by which it can ensure that the Leased Premises will be repaired and maintained. Please review and execute the enclosed Renewal and Second Amendment to the Lease, and return it to me at the above address. Please feel free to contact me at 817-392-8973 if you wish to discuss this document. Thank you for your prompt attention to this matter. Very truly yours, i `1 Leann D. Guzman Assistant City Attorney cc: Terry Khammash Real Property Division Lt. John T. morgan Fort Worth Police Department Memoran®'� UIJIRIl Date: August 299 2008 To: Joe Paniagua, First Assistant City Attorney From: Leann D. Guzman, Assistant City Attorney Subject: Police Lease at 3457 N. Decatur Avenue Attached please find a Renewal of and Second Amendment to Lease Agreement for the above referenced property, along with the letter I wrote to the landlord. The amended lease now gives us additional remedies if the landlord continues to give the City resistance to making requested repairs. If you have any questions, please give me a call at x8973. r OFFICE OF THE CITY ATTORNEY The City of Fort Worth * 1000 Throckmorton Street *Fort Worth, Texas 76102 (817) 871-7600 *FAX (817) 871-8359