HomeMy WebLinkAboutContract 57113 CSC No. 57113
THIRD AMENDMENT TO SUBLEASE
This Third Amendment of Sublease (the "Amendment") is entered into to be effective as of
January 25, 2022 ("Effective Date") between City of Fort Worth ("Landlord") and Burns & McDonnell
Engineering Company, Inc. ("Tenant"),each individually refereed to as a"party"and collectively referred to as
the"parties."
RECITALS
WHEREAS Landlord, as successor-in-interest to Hertz Fort Worth Energy Way LP, and
Tenant,as subtenant to Pier 1 Services Company,are parties to that certain Sublease dated April 26,2016,
as amended and modified by Amendment to Sublease dated April 5, 2019 (collectively,the "Sublease"),
regarding the lease of approximately 39,757 square feet of rentable space on the 16th and 171h floor of the
Landlord's building located at 100 Energy Way, Fort Worth TX 76102 (the"Premises"); and
WHEREAS Landlord and Tenant now desire to amend and modify the Sublease in order
to allow for Tenant's use of the balance of the 16"' floor (the "Remainder Space'), to revoke Tenant's
option to extend the Sublease until 2027, and to provide that the term of the Sublease shall expire on
August 31, 2024.
NOW,THEREFORE, in consideration of the mutual covenants herein contained and for
other good and valuable consideration,the receipt of which is hereby acknowledged,Landlord and Tenant
hereby agree as follows:
1. Recitals. The foregoing recitals are hereby affirmed by the parties as true and
correct and each such recital is incorporated herein by this reference. Unless otherwise defined herein,
capitalized terms used in this Amendment shall have the meanings ascribed to such terms in the Sublease.
2. Term. The Term of the Sublease shall expire on August 31, 2024. Tenant hereby
revokes and repudiates its option to extend the Sublease beyond August 31, 2024.
3. Remainder Space. Landlord shall use its best efforts to deliver possession of the
Remainder Space to Tenant in as-is condition on or before February 1, 2022. Unless otherwise specified
by Tenant, all existing furniture in the Remainder Space shall be removed by Landlord prior to delivery
of the Remainder Space to Tenant. The Remainder Space consists of approximately 13,257 square feet
of rentable area. The Premises, the Expansion Premises, and the Remainder Space consist of
approximately 53,014 square feet of rentable area in total.
4. Remainder Space Rent. The Rent for the Remainder Space shall be calculated on a
rentable square footage basis in accordance with the rental rate for the Expansion Premises, as defined in
the Sublease. Tenant's obligation to pay Rent for the Remainder Space shall commence April 1, 2022. In
addition to Base Rent, Tenant shall also pay electricity, HVAC, and other charges (the "Additional
Charges") for the Remainder Space in the same time and manner and by the same pro-rata share
calculation used for the Expansion Premises, as further described in the Sublease. Tenant's obligation to
pay Additional Charges for the Remainder Space shall commence upon Landlord's delivery of the
Thud Amendment to Sublease—100 Energy Way OFFICIAL RECORD
Burns&McDonnell Engineering Company,Inc
Page 1 of CITY SECRETARY
FT.WORTH, TX
Remainder Space to Tenant.
5. Plans.Tenant shall submit all plans for the Remainder Space to Landlord for review
and approval. Tenant,at its sole expense,shall complete all work on the approved plans.All modifications
to the Remainder Space will be made at Tenant's sole cost and expense, subject to Landlord's prior
approval and in accordance with the Sublease.
6. Parkin .As of the delivery date for the Remainder Space, Tenant shall have the use
of an additional four(4)unassigned parking spaces per 1,000 rentable square feet of the Remainder Space.
7. Governmental Powers. It is understood and agreed that by execution of this
Amendment, Landlord does not waive or surrender any of its governmental powers or immunities.
8. Governing Law and Venue. This Amendment will be construed in accordance
with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought
pursuant to the Sublease or this Amendment,venue for such action will lie in state courts located in Tarrant
County,Texas or the United States District Court for the Northern District of Texas, Fort Worth Division.
9. Severability. If any provision of this Amendment is held to be invalid, illegal or
unenforceable,the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
10. Signature Authority. The person signing this Amendment hereby warrants that
they have the legal authority to execute this Amendment on behalf of the respective party, and that such
binding authority has been granted by proper order, resolution, ordinance or other authorization of the
entity. This Amendment may be executed by any authorized representative of Tenant. Each party is fully
entitled to rely on these warranties and representations in entering into this Amendment.
11. Electronic Signatures. This Amendment may be executed in multiple counterparts
by electronic signature, which will be considered as an original signature for all purposes and have the
same force and effect as an original signature. For these purposes, "electronic signature" means
electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original
signature, or signatures electronically inserted via software such as Adobe Sign.
[signature page follows]
Third Amendment to Sublease—100 Energy Way
Burns&McDonnell Engineering Company,Inc
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IN WITNESS WHEREOF,the parties hereto have executed this Amendment in multiples.
LANDLORD:
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
4a a Su✓andoff responsible for the monitoring and administration
Dana Burghdoff eb 11,202209:49 CST)
By: of this contract, including ensuring all performance
Name: Dana Burghdoff and reporting requirements.
Title: Assistant City Manager
Date: 2/11 , 2022 Gvegote Wr'tigate
By:
APPROVAL RECOMMENDED: Name: Greg Wingate
Title: Sr. Facility Planner, Property Management
Department
Steve o�ke(Feb 9,2022 16:43 CST)
By: APPROVED AS TO FORM AND LEGALITY:
Name: Steve Cooke
Title: Director,Property Management Department
&Uffh>-lSLGu'`'6LG/
ATTEST: By: Matthew Murray(Feb 9,202216:14 CST)
Name: Matthew A. Murray
7Glb/bIG��G cS` GDOGfGIGG Title: Assistant City Attorney
J a n n ette S.G ood a II(Feb 14,2022 07:08 CST)
By: .av�u CONTRACT AUTHORIZATION:
Name: Jannette S. Goodall ,oar FORt� M&C: 20-0910'(December 15111,2020)
F °°°°°
Title: City Secretary a�o°°° °°°�pd�d 22-0072 (January 25",2022)
1�o . 0 Form 1295: N/A
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BURN CDLQ N,T!,ty t GI ING COMPANY,INC.
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Title: (� vt UP e
Date:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Third Amendment to Sublease—100 Energy Way
Burns&McDonnell Engineering Company,Inc.
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