HomeMy WebLinkAboutContract 37785-A1 (2)FIRST AMENDMENT TO LEASE AGREEMENT
TENANT— CITY OF FORT WORTH
LANDLORD — BARKET CORP. D/B/A MCCART VILLAGE
This First Amendment to Lease Agreement ("First Amendment") is entered into as of
2013, by and between the City of Fort Worth ("Tenant") and Barket Corp. dba
McCart Village ("Landlord") as successor -in -interest to Dr. Mandi Dezham as successor -in- interest to
JPMCC2005-CIBC13 McCart Avenue , LLC ("Original Landlord").
WHEREAS, Original Landlord and Tenant entered into a lease dated October 1, 2008 ("the Lease")for
the premises known at Suite 7650 (hereinafter referred to as the "Premises") which consists of 6,587
square feet of net rentable area in the center known as McCart Village (the "Shopping Center"), located
at 7650 McCart Village, 7650 McCart Avenue, Fort Worth, Texas, as such Premises, and Shopping center
are more particularly described in the Lease.
WHEREAS, the term of the Lease expires on September 30, 2013 and Tenant and Landlord desire to
renew the Lease subject to the terms and conditions hereof;
NOW, THEREFORE, the Lease is hereby extended as described in the Lease Agreement, Subparagraph
1.13, RENEWAL OPTION and further defined in Paragraph 50. RENEWAL OPTION, as follows:
1. Term. The term of the Lease Renewal is hereby extended for a period of sixty (60) months to
expire on September 30, 2018.
2. Base Rent.
Date RSF Annual Rent Monthly Rent
10-1-13 through 9-30-18 1P12.00 $79,044.00 $6,587.00
3. Operating Expense. Tenant shall pay Tenant's pro rats share of the Operating Expenses
including Common Area Maintenance, Real Estate Taxes and Insurance based upon the rentable
square feet occupied by Tenant, as specified in Paragraph 6 of the Lease.
4. Defined Terms. All terms not otherwise defined herein shall have the same meaning assigned
to them in the Lease.
5. Ratification of Lease. Except as amended hereby, the Lease shall remain in full force and effect
in accordance with its terms and is hereby ratified.
6. Successor and Assigns. The terms and provisions hereof shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
7. Tenant is currently occupying the premises, has had the opportunity to fully inspect the
premises and hereby accepts the premises in their current "As -Is" condition without warranty
or representations and with any and all faults and latent or patent defects and without relying
upon any representation or warranty (express or implied) of Landlord or any representative of
Landlord.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment as of the day and year first
above written.
LANDLORD:
BARKET CORP. D/B/A MCCART VILLAGE
BY:
WITNESS:
Name
TENANT:
CITY OF FORT WORTH
0
rles Daniels, Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attor6ey
ti
���-C 7 tllT�ll• � ' r. 1' 1
MM
DATE: 7/8/2008 REFERENCE NO.: **C-22891 LOG NAME: 357650MCCART
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize the City Manager to Execute a Lease Agreement with JPMCC 2005-CIBC13
McCart Avenue, LLC, for Office Space Located at 7650 McCart Avenue for the Police
Department
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a lease agreement for
approximately 6,587 square feet of office space located at 7650 McCart Avenue with JPMCC 2005-
CIBC13 McCart Avenue, LLC, for the Police Department.
DISCUSSION:
The Engineering Department, Real Property Services Division, at the request of the Police
Department has negotiated a lease agreement with JPMCC 2005-CIBC13 McCart Avenue, LLC, for
the Police Department to be utilized as a Neighborhood Policing District.
City Council approved M&C G-15252 (June 20, 2006) authorizing the addition of a Captain's position
for implementation of a fifth Division. This implementation involved reducing the number of
Neighborhood Policing Districts from twelve to ten. This reduction resulted in a complete realignment
of beats for. all Neighborhood Policing Districts, effective January 2008. The realignment directed that
Neighborhood Policing District 8, currently housed on Village Creek Road, would need to relocate
their headquarters in order to be more centrally located within their new geographical region. During
Fiscal Year 2008, Department staff began a search for a suitable location to house the District
headquarters which would meet the needs of the Department and citizens.
The term of the lease will be for five years, commencing October 1, 2008, or upon completion of
construction and expiring 60-months later, with one five-year option to renew. The monthly rental for
the first 30 months will be $7,959.29 or $95,511.48 annually, which includes a $5.50 square foot
additional operating expense for the first year, subject to an annual variable rate adjustment
thereafter. The monthly rental for months 31 through 60 will be approximately $8,508.21, or
$102,098.52 annually, subject to an annual variable Additional Operating Expense rate adjustment.
The rate for the renewal option will be determined by the most current market rate on that date.
Upfront costs for the completion of the office space will include approximately $80,000 for
Information Technology Services (ITS) expenses. The approved building remodeling project is
scheduled to be completed for an October 1, 2008, move in date; however, staff is working with the
property owner's leasing agent to expedite the interior finish out. Terms of the lease will also include a
refundable $8,000.00 security deposit, which will be returned to the City at the point the Department
vacates the building and meets the terms of the lease regarding move -out. The City of Fort Worth will
be responsible for all utility payments, including telephone installation and charges.
Page 1 of 2
Neighborhood Policing District 8 is located in COUNCIL DISTRICT 6.
RENEWAL OPTIONS -This agreement may be renewed for one five-year term at the City's option.
This action does not require specific City Council approval provided that the City Council has
appropriated sufficient funds to satisfy the City's obligation during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the Fiscal Year 2007-2008 operating budget,
as appropriated, of the General Fund and of the Crime Control and Prevention District Fund for
expenditures due before move -in date of October 1. Funds for the lease costs will be available in the
Fiscal Year 2008-2009 Operating Budget, as appropriated, of the Crime Control and Prevention
District Fund.
TO Fund/Account/Centers
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Accouni/Centers
GG01 539120 0354110 8 000.00
GR79 539120 035XXXX $95,511.48
GG01 522500 0354110 $80,000.00
Joe Paniagua (6575)
Patricia Kneblick (4210)
Kara Shuror (4221)
Page 2 of 2